i live in Boston,Mass. trying to get my transgender gf here

[bostonmale 0]

im divorced no kids with an full time job and an condo for us to live in.

can possibly get her an job here too. Will marry her if i can get her an visa. she has an passport/

what visa would work best?

[Olomi_811 130]

You may want to give USCIS a call and ask that question 1-800-375-5283.

[Darnell 8,478]

if she's FTM without lower surgeries you could file a K-1 visa.

if she's MTF without lower surgeries then it's almost impossible for her to get any immigrant visa based on marriage.

I say almost, as she can still come in on an entrepreneur visa, regardless of surgical status.

[sciencenerd 56]

It really depends on her transition status, but if she has had sex reassignment surgery, you can apply for a fiance visa (or spousal if you get married first). The cases I'm familiar with have all been AOS cases, so I'm not sure how NVC processes these, but USCIS has clear protocols for applications where one or both parties is transgender. I would recommend contacting Immigration Equality - they have a lot of resources on their website (look for the transgender page), plus legal staff that can answer many of your questions. Good luck!

[bostonmale 0]

It really depends on her transition status, but if she has had sex reassignment surgery, you can apply for a fiance visa (or spousal if you get married first). The cases I'm familiar with have all been AOS cases, so I'm not sure how NVC processes these, but USCIS has clear protocols for applications where one or both parties is transgender. I would recommend contacting Immigration Equality - they have a lot of resources on their website (look for the transgender page), plus legal staff that can answer many of your questions. Good luck!

thank you, she only has breast implants. what we have been reading thus far is the federal government wont let us

have an visa for k one even though mass. recognize same sex marriage. is that true? also is it hard

to get an work visa?

[sciencenerd 56]

thank you, she only has breast implants. what we have been reading thus far is the federal government wont let us

have an visa for k one even though mass. recognize same sex marriage. is that true? also is it hard

to get an work visa?

That is true - your marriage has to be recognized as an opposite-sex marriage where it takes place. It's often recommended that folks in your situation get married in states that only give straight people the right to get married so that there is no doubt that your marriage is seen by the state as heterosexual. It's pretty unlikely that you'll be able to do this without her having lower surgery since USCIS has decided that "sex reassignment surgery" is required. Of course, they don't define that anywhere and it's not as clear-cut as many would think, but it's highly unlikely that breast augmentation would be sufficient. So, yeah, basically your girlfriend has to get major, expensive surgery that she may or may not need in order for you to have the right to bring her here as your fiance or wife.

I know very little about employment visas, but do know they aren't easy to get and would require that she have some specialized skill. Others will be able to answer that better, hopefully.

[Boiler 43,494]

What are her special skills?

[canadian_wife 1,791]

thank you, she only has breast implants. what we have been reading thus far is the federal government wont let us

have an visa for k one even though mass. recognize same sex marriage. is that true? also is it hard

to get an work visa?

Sadly, it doesn't matter what Mass recognizes, immigration is Federal so you have to follow federal law

What speical skills does she have that makes her standout from other unemployed Americans?

Good luck

[tigey 10]

In order to get a H-1B you need to prove that she is required because she has a special skill that no American citizen had, and no other American citizen with that skill applied for the job. The job position must have been advertised. The company she wants to work for must apply for the VISA.

[bostonmale 0]

In order to get a H-1B you need to prove that she is required because she has a special skill that no American citizen had, and no other American citizen with that skill applied for the job. The job position must have been advertised. The company she wants to work for must apply for the VISA.

Thank your for your response. we are finding in hard like alot of people to find a visa that will work for us.

im going back to manila in april which will be out third time together.

since the u.s. wont recognize same sex visa, and she only works at an salon we dont know what to apply for.

im sure the tourist visa will b hard to do too?

[Boiler 43,494]

Ohh yes

Sounds like you will be the one moving.

[HuffyTheSlayer 22]

Thank your for your response. we are finding in hard like alot of people to find a visa that will work for us.

im going back to manila in april which will be out third time together.

since the u.s. wont recognize same sex visa, and she only works at an salon we dont know what to apply for.

im sure the tourist visa will b hard to do too?

I'm so sorry that this is even an issue for you. It really shouldn't be, but sadly with the way things are currently in the US, it is. I really hope that in the future things will start to change at the Federal level. I think that they will, there are small baby steps being taken and public opinion is shifting towards more positive attitudes with younger generations become able to vote and there are changes slowly being made (i.e., no more don't ask, don't tell, the current administration said they are no long defending DOMA, etc). But for right now, as Boiler said currently your only option might be gender reassignment surgery and/or to see if you can relocate to the Philippines in order to be together.

Edited February 17, 2012 by HuffyTheSlayer

[Darnell 8,478]

bostonmale - suggest you two look into migrating to Canada - where 'this stuff' is allowed.. [no, I'm not being harsh]

[sciencenerd 56]

I just wanted to update here if the OP checks it or when others refer to it, but there is a new policy being implemented that will no longer require trans people to have sex reassignment surgery in many cases. You have to get married in a state that recognizes the current gender, sees your marriage as heterosexual, and does not bar trans people from marrying - USCIS used to have an additional requirement that the trans person had sex reassignment surgery, but have moved away from that. See Immigration Equality for more info. I hope you are now able to move forward now that your marriage would likely be recognized by USCIS.

[cerebus407 16]

Sciencenerd is correct. They are allowing visas for Transgender people who have not had surgery if they meet the AMA definition of a woman. I don't know the exact definition but the person needs to have been living their gender identity for a certain number of years and this needs to be certified by a doctor. As long as the state you are traveling to will recognize the new gender based on this situation, it should be fine. It should be interesting to find a doctor in Phils who will issue such a certification since it is generally considered a sign of mental illness by doctors in the Philippines. Then again, anything is possible with the right amount of pesos!

Another quick note, your gf should apply using her actual identity and her PHL passport will list her as a male because the Philippines does not recognize gender reassignment (with or without surgery). Some people have created fake identities as a female to get K1s and then get permanently barred for presenting a fake identity.

Good luck!