Any solution for following situation?

G

GrandSportC3

Registered Users (C)
This is a question regarding my wifes hairdresser. He's from the same country as her but he is in the country illegally (overstayed a tourist visa for well over 10 years). He is gay and plans on travelling to California to get married to his boyfriend (US Citizen). Now he think that he would be able to legalize somehow due to the marriage but I told my wife that I don't think that there's any way for him to legalize for many reasons.. Even if he'd be getting married to a woman, I don't think that he would be able to legalize without leaving the country and I also don't think that a gay marriage would qualify him to legalize here.. The only solution that I could think of (in case that gay marriage would be treated like heterosexual marriage) would be that he could leave the country (go back to his native country), get a new passport and a new valid tourist visa and come back again legally.. Then get married while on the tourist visa and file for adjustment of status and I-130. If it was a heterosexual marriage, that's the only way that I could think of that would work. Am I correct or are their other options.. I personally think that gay marriage is not a valid reason for a a adjustment of status or I-130 but I might be wrong.. Any input is appreciated..
 
Overstays are forgiven for spouses of US citizens. So if Juan Perez, comes with a visitor visa and overstays for XX amount of years, and he marries Amy Smith (USC), then he will be able to adjust his status to that of a permanent resident (GC) regardless of his overstay, for as long as he has not "triggered" a 3/10 year bar (by leaving the country since he first overstayed).

For as long as he entered legally, he would be allowed to get a GC. This is somewhat the case of your wife's hairdresser...

HOWEVER... A gay marriage (though it may be recognized by the state of California) it is not recognized by the Federal Government nor USCIS... so it would be impossible to obtain a GC through that.

Other than that this guy (or girl, whatever he likes)... is trying to circumvent immigration laws and thus attempting to commit fraud.
 
yeah california has to follow federal rulings but the federal goverment doesn't have to follow california rulings. His marriage may be legal "hopefully not for long" but it wont qualify him for a GC. It does not matter that he overstayed, as long as he entered legally!
 
jrlaredo said:
y...but the federal goverment doesn't have to follow california rulings...
Click to expand...

Thanks god for that.. Imagine if the rulings of the 9th circuit court of appeals in California would become federal law.. :eek: :eek:

Luckily, most of those crazy rulings are overturned anyways.. Maybe they'll try to legalize marriage between animals and people at one point :D
 
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