Same- sex spouses now have equal rights (incl DV2013)

[raevsky]

Who in their right mind would want to do that?!! Anyway it would be no different than a couple who got married in CT and moves there. AL law is clear, same-sex marriages are not recognized there, they don't care where the marriage happened, and any same-sex couple who move there, no matter where from, would presumably know that and have to accept that. No need for lawsuits from anyone....at least unless and until it becomes federal law and we have the gay rights version of the school desegregation ....

What I mean they would challenge the USCIS policy in a Federal Court (I guess that if a federal lawsuit is initiated by a state, it goes directly to Supreme Court). Regarding a narrow case when the intending place of living for a couple is Alabama. They just need a married same-sex couple that flies to Alabama by a direct flight from abroad on an immigrant visa with an intention to live in Alabama.

For those who likes to be a part of lawsuit it is an opportunity. Regarding myself, I would try to avoid it.

 

[SusieQQQ]

What I mean they would challenge the USCIS policy in a Federal Court (I guess that if a federal lawsuit is initiated by a state, it goes directly to Supreme Court). Regarding a narrow case when the intending place of living for a couple is Alabama. They just need a married same-sex couple that flies to Alabama by a direct flight from abroad on an immigrant visa with an intention to live in Alabama.

For those who likes to be a part of lawsuit it is an opportunity. Regarding myself, I would try to avoid it.

But... I still don't see how that changes anything. I presume you know what an immigrant visa looks like? It doesn't say "visa granted due to same sex relationship"! It just has the category - DV. I really think you're making a mountain out of a molehill. You seem to be trying to discourage people from doing this but it's really very simple, they can. When you can find a documented case of someone being refused entry to the US on a valid immigrant visa because the CBP official doesn't like the fact that they're part of a same-sex couple, let me know. Until then, I consider that the end of the story.

 

[raevsky]

Current USCIS policy means there is no difference between same-sex couples and opposite-sex couples. With that policy in place CBP official will admit the couple. States like Alabama are likely to challenge this policy in federal court on the grounds of "public policy" implemented as a state law. I cannot produce you any examples until then.