Same sex couple K1 or lesbian wedding?

[Channah&Aaron 51]

; You can get married in the US -same sex- like New York, but fact is, unfortunately, you CANNOT get your AOS approved based on same sex marriage

[VanessaTony 3,567]

i must say that im surprised... and i dont mean that in a bad way

Australia also permits immigration of defacto couples. Their immigration policies are a lot more open than the US (not necessarily a good thing)

[JimVaPhuong 4,863]

What is the K1 situation for same sex couples?

We have a lesbian friend who recently got engaged to her girlfriend from Japan. What are their options. If she leaves the country at the moment it seems they can't file for K1. Could they get married in the states (one which allows gay marriage) and file for AOS?

One extra curve ball... her student visa is already expired.

Thanks

Tell her to wait a few years. There are dozens of cases being litigated already, including a few class action suits. If there weren't already a lot of cases challenging DOMA and immigration laws then I'd say sure - go ahead and have her partner come to the US, get married, and then lawyer up and go to court. It would be expensive, both financially and emotionally, and I don't think one more court case is going to change the law any faster.

DOMA will eventually be repealed, and the immigration laws will be revised. I predict this will probably happen within the next four years.

[A and T 82]

The usa isnt very progressive they would probably have better luck in another country for sure. Sadly the USA discriminates against same sex couple, and they are hardly approving straight couples that are married

Does Japan allow it? They would be foolish to leave japan as it is. Who on earth would do that to come to the usa ? LOL She should be thankful she can live in japan

Edited August 28, 2011 by Adam and Thet

[cardigans5 43]

The usa isnt very progressive they would probably have better luck in another country for sure. Sadly the USA discriminates against same sex couple, and they are hardly approving straight couples that are married

Does Japan allow it? They would be foolish to leave japan as it is. Who on earth would do that to come to the usa ? LOL She should be thankful she can live in japan

So then if you're not happy living in the best country in the world then leave. There's nothing worse than people living here and not appreciating its greatness. Thank God my fiancé knows this is the best country in the world and appreciates it!

[J&N* 68]

No, there's no such thing in the US right now. Sorry.

[JohnandWendyB 21]

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

http://www.workpermit.com/uk/unmarried.htm You don't have to be married in the UK.

[payxibka 10,044]

....... and they are hardly approving straight couples that are married

factual basis of this statement is what?

[Gosia & Tito 199]

What is the K1 situation for same sex couples?

We have a lesbian friend who recently got engaged to her girlfriend from Japan. What are their options. If she leaves the country at the moment it seems they can't file for K1. Could they get married in the states (one which allows gay marriage) and file for AOS?

One extra curve ball... her student visa is already expired.

Thanks

Read:

http://lawprofessors.typepad.com/immigration/2011/03/breaking-news-uscis-will-not-deny-same-sex-marriage-petitions-for-now.html

As anything in the internet, before you proceed, I'd check this with an immigration attorney (preferably one that is knowledgeable on LGBT issues). I have read other articles where it would appear that USCIS is holding on in deportation cases related to same sex marriages/unions

Good luck

[payxibka 10,044]

Read:

http://lawprofessors.typepad.com/immigration/2011/03/breaking-news-uscis-will-not-deny-same-sex-marriage-petitions-for-now.html

As anything in the internet, before you proceed, I'd check this with an immigration attorney (preferably one that is knowledgeable on LGBT issues). I have read other articles where it would appear that USCIS is holding on in deportation cases related to same sex marriages/unions

Good luck

holding on deportation and providing an avenue to adjustment of status to resident are two very different things

[VanessaTony 3,567]

So then if you're not happy living in the best country in the world then leave. There's nothing worse than people living here and not appreciating its greatness. Thank God my fiancé knows this is the best country in the world and appreciates it!

The US isn't the "best country in the world". It's a GOOD country, but certainly not the best. It most definitely has it's faults, as do many countries and many countries do things better than the US. Again, doesn't mean the US sucks, or that I should leave for thinking so, but it's pretty crazy to say the US is the best country in the world unless you've actually BEEN to every country in the world.

[I AM NOT THAT GUY 5,715]

holding on deportation and providing an avenue to adjustment of status to resident are two very different things

The path for the OP's friend is laid out in this thread, if she can read between the lines. That is probably as far as we can go without violating the TOS.

[Boiler 43,576]

Oldie but goodie

[Jojo92122 1,924]

The path for the OP's friend is laid out in this thread, if she can read between the lines. That is probably as far as we can go without violating the TOS.

Why does she need to read between the lines??? I've laid out what she need to do if she want's her Japanese fiancee to stay in the US; get marry in a state that allows same sex marriages, file to adjust status, and sue when the adjustment is denied based on DOMA.

How is anyone violating the TOS??? No one is advocating fraud. The petitioner and beneficiary will be truthful during the process. It's not illegal to pursue the route I have outlined. While the adjustment may be denied, the petitioner and beneficiary would still be working within the system by exercising their rights to sue and challenge a law that discriminates against them.

[Robert&Karen 264]

The US isn't the "best country in the world". It's a GOOD country, but certainly not the best. It most definitely has it's faults, as do many countries and many countries do things better than the US. Again, doesn't mean the US sucks, or that I should leave for thinking so, but it's pretty crazy to say the US is the best country in the world unless you've actually BEEN to every country in the world.

It's probably the best for what the person seeks in life. There is no perfect car, perfect computer, or perfect dog. Well actually, all dogs are perfect, but I digress. You seek what you want then you find a country that offers it. What do you want? Snow? Guns? Free stuff? Dinosaurs? When you list what you want and step back, then you can look for "your" perfect country.