I am an American female. My girlfriend / lover is Canadian. We are new to this website and was unable to find / locate a topic similar to our circumstances. We sure could use some help / advice / guidance.
I own a home in Michigan. My g/f is unemployed and homeless in Ontario. She has been visiting with me and must return to Canada at the end of July 2008, due to being checked out at the border coming into Michigan.
We will do anything to be together, and whereever is unimportant to us. I am in my late 50's and she is in her mid 40's so it's not puppy love.
Should she try and marry an American and then apply for US citizenship or should we get married in Canada and then she sponsor me for citizenship there? I am retired and don't want to lose my social security and / or pension.
We are so scared and sick that we can barely eat or function.
We're not trying to be illegal or dishonest but we are leaving all options open. Our problem is we don't know what our options are. Can you help us?

Currently the US does not recognise same sex unions for famliy based immigration benefits. I assume it is only a matter of time until such a petition is filed. I think the key to such a filing if you are not currently married is the letter of intent where you both must be able to marry at the time of filing. This would require both of you to reside in a place that same sex marriage is recognised. I have no idea what would happen if you met this requirement and would file but I am certain it would be a long slow process at best.
I know US citizens live out of country and maintain their social security. I think you simply need to maintain your US citizenship.

From Social Security's website:

Question:

I am a US citizen but plan to live overseas. Can I collect Social Security benefits in a foreign country?

Answer:

If you are a U.S. citizen, you may receive your Social Security payments outside the U.S. as long as you are eligible for them. Regardless of your citizenship, there are certain countries where we are not allowed to send payments. For more information, please see Your Payments While You Are Outside The United States, Publication No. 05-10137, for a list of countries where we are not allowed to send payments.

If you are planning to be outside the United States for six consecutive calendar months or more, you can find out if you can receive your Social Security payment by using the Payments Abroad Screening Tool.

Nothing dishonest???,,,a fraudulent marriage is dishonest and a felony...but as least, it would solve her homeless problem.

You have no options in the US. The govt does not recognize same sex marriages. Your option is to live in Canada.

If you get married in Canada you can apply for permanent residency there. As previously mentoined, the US does not recognise same sex unions or marriage, so unless your girlfriend has some other avenue of immigration here, your only option really is Canada.

Your then Canadian wife would apply to sponsor you, (she doesn't need to show proof that she can fiancially support you, however it would be a really good idea for her to get a job and a place to live before sending in the applications!) Then you would apply for residency. If you apply "outland" current timelines are between 4 and 9 months. If you were to get married and then stay in Canada and apply in-land, it could take well over a year, and you wouldn't be able to work during most of that time. Out-land applications are quickest and best IMO.

Check out http://www.roadtocanada.com for information on family based immigration to Canada.

you beat me to that one.

I wish you both all the luck in the world.
Smile, you will find a way.

California and I think Massachusetts allow same sex marriage. I do not know how immigration would react if a couple resided in one of those states and applied for a cr1/ k3 visa.

The US federal government however does not recognise same sex marriage, and USCIS is a federal office. As they do not consider same sex marriage legal, they would not be eligible for marriage based immigration to the US.

This is true. Even if you did somehow get to the U.S., there are only a select few states that allow civil unions or marriages. So you'd be confined to those states.

This is a great organization for resources and support for bi-national couples with immigration issues. Good luck

immigration equality

I was a former marriage commissioner in Ontario. I know that Ontario recognizes same-sex unions and I believe they allow for family benefits.

I'm in agreement with Reba. Follow her suggestions and live in Ontario. Nothing stopping you from visiting the US afterwards.

If gays/lesbians can get married in California and Massachusetts then why can they not get married there and then apply for AOS?

Being that U.S. immigration is arcane and antiquated, perhaps the only one that is truly modern method would be Quebec's; they even recognize common law couples for immigration do they not?
Yes, Quebec's immigration is separate from the rest of Canada!!!

I wish for you that you find a way and be together.
Perhaps for now, it can be long visits to the U.S. for the CDN partner.

Because USCIS is governed by Federal law, not State law, and Federal Law does not recognize same-sex marriages.

Canadian immigration recognizes same sex partnerships....not just Quebec

ditto to Trailmix. . .check out

http://www.cic.gc.ca/english/index.asp

and

http://www.cic.gc.ca/english/immigrate/spo...e-apply-who.asp

It is a very helpful and informative website. . .you can be sponsored as a spouse or just as a partnet. . .the marriage, if you choose that route, would probably be easiest in Canada, just because that way it is DEFINITELY recognized.

I went to this website and I thank-you for giving it to us. In fact, I want to thank all of you who have posted information on social security, immigration, gay-rights, etc. as well as those who have wished us well.

I will continue to check responses and updates. I'm sure we need to see an immigration lawyer as well. I will keep you all posted on our battle. I sure hope we find a way to climb this enormous mountain.

Thank-you all again so much....... ((( hugs )))

Best of luck to you!

I will also suggest this group on Yahoo:

http://groups.yahoo.com/group/canadian_immigration/

I was very active in the group when I Immigrated to Canada 6 years ago... we had several same sex couples in the group...Havent been there in awhile but Im sure there will be someone there to give you some good advice...

good luck!

Good luck!

Whatever journey you decide to take I wish you much happiness and long lives together.

Canada is indeed your only option my dearest friends. And if you think about it.... what a better place?
Best of luck!

I am a male US citizen. Please contact me. I am pretty much in the same boat in reverse

Actually, Canada's process is fairly self-explanatory, you probably won't need an attorney to complete it. . .

snorkydewd, how do I contact you?

I checked with several attorney's and unfortunately it appears that the only way I can be with my "Soul Mate" is to give up my country and go to her country, Canada. The United States is making me choose living with my lover over living in my country. This is pathetic !!!!! As an American citizen I should be able to have both, country and love.... Being gay / lesbian shouldn't be reason enough to have to abandon your own country. I love my g/f more than my country and will do whatever it takes to be with her someday. We need new laws in America.

Unfortunately it is just the way it is. Regardless though, someone ALWAYS has to give up their country and in this case it might have to be you. Giving up your country sometimes feels like the ultimate sacrifice, especially if you love it. However, there is a reason for it and you have to keep in mind that end goal of being together in the same place.

As ANY citizen, you should be able to have both country and love but that is not how it is in a lot of countries in the world, not just the US. You are faced with a very unfortunate reality.

As for new laws, I totally support full on rights for gays and lesbians. I don't think in the US you will ever see it though at a federal level.

Yup.

You could always move to Alberta together. Its just like living in Texas, but with free healthcare. Nearly American. . . .

The federal government doesn't recognize same-sex marriages for the purposes of immigration. Each state gets to make their own decision.

Marrying someone else for the purposes of getting to be with your partner would be fraud. Better to move to Canada where it's legal. Alberta's quite nice but IIRC it's been dragging its heels over same-sex marriage. One of the other provinces might be more amenable.

Hehehehehehehehehehehehe!

And better hockey teams!!!

My son and his Kiwi husband are in BC ..I wish you all the best!

How is living in Alberta like living in Texas? The weather or what? Where is Alberta located? I thought Canada was COLD lol.

Oil my friend - sweet black oil:



In all truth - Alberta is probably one of the least friendly Canadian provinces to same-sex marriage (besides Nova Scotia). Both governments took great lengths to try and stop the federal government from recognizing same sex marriage as equal under the law a few years back. Alberta spearheaded the initiative and objections to the Supreme Court of Canada. Unfortunately, we had a Premier with more money than god and fewer brains than an amoeba who felt this was a good expenditure of time and tax-payers money.

Fortunately in Canada, same sex marriage is a federal matter with provinces only having jurisdiction to register marriages. As a result, regardless that provinces may disagree with same-sex marriages, they do not have the ability to control what constitutes a valid marriage. So you are free to live and have a valid marriage in any of the Canadian provinces.

I am sorry to hear that you do not have much in the way of options to marry and be with your loved one. That is an extraordinary decision to have to make. Perhaps - if you decide to move to Canada, by the time you become a citizen (if that is something you choose), the United States will be more accepting of same sex marriage and this will be reflected in the immigration laws of your country.

Its never easy to move - but I am sure its even more difficult when you have no other options available.