Same sex couple K1 or lesbian wedding?

[Glyn and Kathy 288]

do we allow it?? i know we are ok with same sex marriage but i didnt realise we was ok with the whole immigration thing

Yes, the UK allows same sex/or unmarried partners to apply for a visa, but they have to have been living together in a way similar to marriage or civil partnership for at least 2 years.

[Robert&Karen 264]

I knew a man who wanted to bring in his boyfriend. He actually adopted him and then brought him in as a relative. This was in the 80s.

[BlueBonnet 84]

i dont think there is a country in the world that allows immigration based on same sex relationships right now

I know for a fact that Canada does.

I also know for a fact that the USA doesnt.

Until ALL the US states agree on same sex marriage, and it catches up to immigration then it will be allowed. But if ALL the US states cannot agree to make it legal then immigration cannot either.

[boilermaker 1]

This case sounds familiar.. I heard something similar in the news about a month or two ago.

Edited August 27, 2011 by boilermaker

[Jojo92122 1,924]

I know for a fact that Canada does.

I also know for a fact that the USA doesnt.

Until ALL the US states agree on same sex marriage, and it catches up to immigration then it will be allowed. But if ALL the US states cannot agree to make it legal then immigration cannot either.

Not true.

Immigration is federal law. The Defense of Marriage Act (DOMA) is also federal law. DOMA prohibits the federal government from recognizing same sex marriages which in turn prohibits the federal government from granting immigration benefits based on same sex marriages.

Whether ALL or ANY of the states recognize same sex marriages is irrelevant for immigration purposes. Right now, only a handful of states recognize same sex marriages while most states do not. If DOMA is unconstitutional by the US Supreme Court or DOMA is repealed, the federal government can start granting immigration benefits based on same sex marriages. So, immigration based on same sex marriage does not require all the states to agree on recognizing same sex marriages.

[TheOptimist 22]

Hi Emi,

I think Jojo92122 has outlined the most appropriate course of action for you.

As a US citizen, you would have the right to marry locally (depending on what state you live in) and then apply, wait for the denial, and prepare to knuckle up and fight for what you want.

The time is right and while there is fierce opposition to same sex marriage, the legislative and social tides are moving in your favor.

If this isn't a matter the ACLU wouldn't put some weight behind, I don't know what is.

Excerpt from an excellent article I read recently:

"The United States Supreme Court has repeatedly held that marriage is one of the most fundamental rights that we have as Americans under our Constitution. It is an expression of our desire to create a social partnership, to live and share life's joys and burdens with the person we love, and to form a lasting bond and a social identity. The Supreme Court has said that marriage is a part of the Constitution's protections of liberty, privacy, freedom of association, and spiritual identification. In short, the right to marry helps us to define ourselves and our place in a community.

Without it, there can be no true equality under the law."

A denial of this for you would constitute (in what many would consider) a direct violation of your rights as a citizen protected under the 14th amendment.

14th Amendment to the Constitution added the command that:

"no State shall deprive any person of life, liberty or property, without due process of law; nor deny to any person the equal protection of the laws."

There are many who believe and hold the opinion that you are powerless over what happens with the federal branch (and in some cases, that may be close to the truth).

I do not share this opinion however and would fight for every right that I have whether some particular faction or interest of society deems it appropriate or not.

Its up to you but the best thing to do in every case is the right thing. And if you really love her and she is RIGHT for you then I would fight for it.

The alternative would be to basically manipulate and or deceive the system which if caught, could ruin everything you have ever wanted together.

either way, no judgement here, But I would LOVE to see you WIN!

I wish you the best.

[TheOptimist 22]

For your reading pleasure:

A Conservative's perspective on same sex marriage.

And this is a conservative!

[Blob18 111]

Yes...let's give people the advise to sue...sue sue sue...it's all people do in this country....Wasting state resources on this when it's obviously not allowed due to DOMA

Edited August 28, 2011 by Blob18

[redtapenightmare 3]

Hello,

I follow immigration law and enforcement pretty closely (I work for an immigrant rights non-profit).

Jojo is correct.

I would say do whatever you can to find another type of visa. Overstaying your student visa is an option, but the problem is that if your friend leaves, the risk is very high that she will never be able to come back (so this decision means, no visits home, ever).

I would also get married in a state that permits it. This gives you some level of protection if you ever get detained by ICE and picked up into deportation proceedings. Obama is really going back and forth every week about whether or not he is permitting deportations of homosexual spouses of US Citizens. At this point, it appears he will not be deporting them, but also not adjusting their status... so they just stay in immigration limbo (i.e. having a deportation case 'open' with ICE, but ICE just kind of ignores it to pursue other 'high risk' undocumented folks). If you do a google search you will see recent articles about this- we're really unsure of what the policy will mean for folks.

[TheOptimist 22]

Yes...let's give people the advise to sue...sue sue sue...it's all people do in this country....Wasting state resources on this when it's obviously not allowed due to DOMA

Hi Blob18,

While I understand your sentiment, I do not think that it is inappropriate for one to leverage what is afforded to them to protect their rights.

It may be your opinion that they should not do this, but it would be the choice of the OP with regards to what she wants and if she is willing to do what has to be done to get it.

It was not so long ago that african americans did not have the right to marry (THAT was law too).

I say this only to iterate that just because something is the law does not mean it does not need to be changed. Not every law written is appropriate.

And if there is no equal protection under that law, then it is simply wrong..

Its not like we are suggesting she go find an ambulance chaser and sue for some cash so she can go buy a 50" plasma and a new RV..

We are talking about what should be a simple thing. Love.. Marriage.. Companionship..

I respectfully offer this as my perspective on the matter. Nothing more..

[Alianza Terps 12]

My advice would be to do research on past cases of sex-same marriages and immigration, discuss options with your partner and then prepare for battle. Love isn't easy but it is worth the fight. A fight, not only for love, but for your fundamental right to marriage and championship. Good luck!

[Jojo92122 1,924]

Yes...let's give people the advise to sue...sue sue sue...it's all people do in this country....Wasting state resources on this when it's obviously not allowed due to DOMA

Same sex marriage as a matter of civil rights. Unfortunately, it is often a lawsuit that changes things.

Brown v. Board of Education (1954): African Americans suing for the right to attend the same school as whites. One of the biggest cases in US history. Would you suggest to Justice Thurgood Marshall that he "wast[ed] state resources on this when it's obviously" not allowed for black children to attend the same schools as whites???

Loving v. Virginia (1967): Yes. In 1967, it was illegal for an African American to marry a white person. This case ruled that prohibition on interracial marriages violates the US Constitution. Would you suggest that it was a waste of state resources to overturn a discriminatory law like this which prohibit two people from marrying????

Are you suggesting that same sex couples should not sue for the right to marry and accept the laws as they are even if the laws discriminate against them??? Are you suggesting they not exercise a right and give in????

So suing for a civil right is often the only tool to achieve justice.

Edited August 28, 2011 by Jojo92122

[Gosia & Tito 199]

i dont think there is a country in the world that allows immigration based on same sex relationships right now

Australia

Belgium - also offers legal marriage

Brazil

Canada - also offers legal marriage

Denmark

Finland

France

Germany

Iceland

Israel

Netherlands - also offers legal marriage

New Zealand

Norway - also offers legal marriage

Portugal

South Africa - also offers legal marriage

Spain

Sweden - also offers legal marriage

Switzerland

United Kingdom

[cardigans5 43]

If you search for K-1 visa on Wikipedia it states that there was a ruling in 2005 where transexuals can achieve a K-1 if the petitioner lives in a state that allows same sex marriage. If that is true I would look more into it...it may be possible.

[Ryan H 3,791]

What is the K1 situation for same sex couples?

Disallowed