Gay Couple Married Abroad

A

ardam

New Member
Is it possible to apply for permanent residency if I marry a USC in a country where gay marriage is legalized?
 
Thank you for your replay. So...that means that these couples (this is my case by the way) must live outside the United States, even though one of them is American. That is so not right! Is there anything we can do? Are there any cases appealing in court? (or something like that)
 
Yes, under current law they must live outside the US, or find some other way for the noncitizen to live inside the US (e.g. work visa, or green card through another relative or the lottery).

There are constantly cases in court over this, but none have had any success beyond the state level. It likely would take a Supreme Court ruling to change Federal immigration law to recognize same-sex marriages.
 
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OP, Your comments make it seem that your marriage was for an immigration benefit which is illegal no matter the gender of the spouses. If the marriage was most important, the place the couple lived would be secondary.
 
Actually that is not what it means. Your significant other cannot get an immigrant visa due to your relationship. However he can get other non-immigrant visas (say H-1B or L-1) or an employement based GC. He can also qualify for a family based GC via a different relative.

ardam said:
that means that these couples (this is my case by the way) must live outside the United States, even though one of them is American. That is so not right!
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Let me explain myself. At the moment I have a work visa. I've been with my partner for 8 years and we have a domestic partnership together. We are not married actually because there's no gay marriage law in California. I am concerned about what's going to happen when my visa is expired. We have a life in the US, we can't just pack and go somewhere else. But I guess that's what we will have to do. Thank you for your replay.
 
ardam said:
Let me explain myself. At the moment I have a work visa. I've been with my partner for 8 years and we have a domestic partnership together. We are not married actually because there's no gay marriage law in California. I am concerned about what's going to happen when my visa is expired. We have a life in the US, we can't just pack and go somewhere else. But I guess that's what we will have to do. Thank you for your replay.
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When your visa expires, then you will be able to pack and leave because US govt doesn't recognize same sex marriage. If you established life in the US, then I suggest you marry a woman, because that would be the only avenue by which you can go through immigration. Moreover, you will have to change your orientation, which will please the US govt too and Rush Limbaugh....lol!!! You can move to Argentina, it recognizes gay marriage... The only option is to get another visa, like a student visa to remain in the US for another 4 years (especially if you do a bachelor's degree (even when you already have one), because your objective will be remaining in the US with your wife/husband...
 
ardam said:
Let me explain myself. At the moment I have a work visa.
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So try to get your company to file for a green card, or find another who will.

We are not married actually because there's no gay marriage law in California.
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The marriage laws of California don't matter, because immigration law doesn't recognize gay marriage even if your state recognized it.
 
If you established life in the US, then I suggest you marry a woman, because that would be the only avenue by which you can go through immigration. Moreover, you will have to change your orientation
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well, let's not forget about DV lottery and employment-based immigration here. Marrying a woman would not be the only option to immigrate, but it would be an illegal one - since he'd marry for immigration purposes only.
 
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