International gay marriages in New York

[armourofhope 0]

I live in Australia and my girlfriend lives in California. We are a same sex couple looking to be married sometime in the future. My question is if I am allowed to apply for a visa to get married to her or is there still restrictions on me immigrating to get married to my girlfriend? I went on the NY State website and they said the same restrictions apply to gay couples than straight couples to be married in New York - so does this imply that there is no restriction on me applying for my visa?

[Penguin_ie 6,005]

Gay marriages are state law (ie each state can decide to allow them or not), but immigration is federal law. So as of now, no visas for homosexual couples, sorry.

[armourofhope 0]

That sucks

Is there any news of any changes to the immigration laws happening in the future?

I'm looking to try and move over there in about 3 years.

[Anh map 2,098]

At this point same sex couples / marriages do not qualify for immigration benefits. You and your gf can keep abreast of the changes to learn when this may be allowed.

Given the reality of politics I would not expect any sort of movement on this topic until after the 2012 elections.

[Rich&Vero 14]

The Defense of Marriage Act of 1996 defines marriages for federal purposes as a union between a man and a woman. Therefore any pair looking for specific federal rights as a married couple must meet that criteria. However, the Act was found to be unconstitutional in multiple courts and is now under appeal.

The USCIS has affirmed that they will continue to deny petitions by same sex partners until the Act is amended or removed from the books.

Here's a recent article from the LA Times that may be of help: http://articles.latimes.com/2011/jun/06/local/la-me-gay-immigration-20110606

Good Luck.

And to others, please respect that your opinion is your own and if you wish to share it, do so in the appropriate forum.

[NigeriaorBust 4,096]

You probably won't see much traction of the federal level until at least 1/3 of the states have moved to approved same sex marriage. I would say maybe in 10 years.

[Brad and Vika 130]

Post containing degrading commentary and one post quoting it removed. Please keep political discussion in the appropriate forums.

[Harpa Timsah 13,263]

You can get married in NY on any visa you like, there are just no immigration benefits available after that. Good luck.

[VanessaTony 3,567]

I live in Australia and my girlfriend lives in California. We are a same sex couple looking to be married sometime in the future. My question is if I am allowed to apply for a visa to get married to her or is there still restrictions on me immigrating to get married to my girlfriend? I went on the NY State website and they said the same restrictions apply to gay couples than straight couples to be married in New York - so does this imply that there is no restriction on me applying for my visa?

There is no visa required to get married, but you will need one to stay. You will not be able to get a GC or Visa to the US based on your relationship or marriage. You can go over on the VWP no problem to get married. You will need a work or tourist visa to stay.

The other choice is Australia DOES allow visas/GC's for same-sex couples. You could consider moving to Australia until the US changes it's policies, at least that way you'll be together.

[armourofhope 0]

So what you're saying is, if we got married in New York, we'd be able to move back to Australia together (even though she's a US Citizen) because Australia recognises same sex marriages federally?

[sciencenerd 56]

Be aware that getting married can make it difficult for your girlfriend to enter the U.S. because of the question of immigrant intent. It is often recommended for same-sex couples to not get married because of that. However, if you decide to move to Australia, getting married now could benefit you in the future since you'll likely be married over 2 years when USCIS starts recognizing your marriage (which I have no doubt will happen sometime in the next decade). Contact Immigration Equality (http://www.immigrationequality.org) - they have legal staff that can help you determine the best action for your situation (no cost). Good luck - I hope you find a way to be together soon!

Edited August 8, 2011 by sciencenerd

[Boiler 49,016]

So what you're saying is, if we got married in New York, we'd be able to move back to Australia together (even though she's a US Citizen) because Australia recognises same sex marriages federally?

I am not sure about Australia but certainly the UK requires you to get the appropriate visa to marry in the UK. The US does not, so the VWP would be fine.

Australian Immigration, I am sure there is a site that deals with that.

[jundp 191]

So what you're saying is, if we got married in New York, we'd be able to move back to Australia together (even though she's a US Citizen) because Australia recognises same sex marriages federally?

I found this: Australian Immigration

Relationship

You and your partner must have been in a de facto relationship for the entire 12 months immediately prior to lodging your application.

See: One-Year Relationship Requirement

The 12-month relationship requirement may be waived if one of the following situations applies:

you can demonstrate compelling and compassionate circumstances, such as if you have children with your partner.

all the following circumstances apply:

your partner is, or was, the holder of a permanent humanitarian visa

prior to their permanent humanitarian visa being granted, you were in a relationship with your partner that meets the requirements of a de facto relationship

the department was informed of this before the permanent humanitarian visa was granted.

You and your partner must show a mutual commitment to a shared life to the exclusion of all others. You and your partner must be living together or, if not, any separation must be only temporary. You must also have a genuine and continuing relationship with your partner.

[pushbrk 14,573]

So what you're saying is, if we got married in New York, we'd be able to move back to Australia together (even though she's a US Citizen) because Australia recognises same sex marriages federally?

Because Australia provides an immigration benefit for same sex couples, is what was stated. You're the Australian, so you know whether your marriage will be recognized there. Those are two separate issues.

Edited August 8, 2011 by pushbrk

[jundp 191]

According to the link I posted above, you aren't required to have a legal civil union, if you are a same-sex couple. You must show that you are in a committed relationship, for at least 12 months prior to applying for a visa to Australia. But, the simple answer is "yes, Australia recognizes same-sex relationships for the purpose of immigration."