Gay Marriage

[ak0411 0]

I am an American lesbian who came to the Republic of Georgia and fell in love with my host sister. I am 22 and she is 26. Obviously we cannot get married in Georgia, but I want to take her to America to get married there where it is legal. The problem is, there only seems to be visas for heterosexual couples. Does someone have a suggestion on what to do in this situation?

Thanks,

AK

[SAT 9,609]

Are you talking about getting married? or immigration?

The USCIS and Dept of State not yet recognize same sex marriages.

You will not be able to petition your same sex spouse for immigration.

[vp1981 1]

Hi-

Here is a recent thread started by a petitioner for same-sex couple...he seems to have a good handle on the process, so maybe try contacting him on VJ! Hope this helps...good luck!

http://www.visajourney.com/forums/topic/407801-the-first-gay-k-1-fiance-visa-progress-with-doma-repeal-on-the-horizon-tim-keno/

[Shammah 2]

It is legal to get married here in USA only in certain states. The problem is visas are federal issue so as of now you can't do anything. Unless you try a different visa.

[Andrea&Henry 311]

hi! well, even when gay marriage is legal in America (in some states only) I'd never read or know of a case like this in visajourney. The best thing you can do is talk to a good lawyer and find out if its possible. The other important thing if your state, allows gay marriage.

I know is not the same case but, is very important to know the second one. For an example: here in the states is legal, cousins marriage (2nd, 3erd, 4th etc) and you can even apply for a k1 or cr1 if your fiance or spouse is your own cousin (I know all this cause I went through a k1 process successfully and my husband is my 3rd cousin). But this doesn't necessarily apply for 1st cousins. Is only legal in 16 states. If you belong to one of the states that doesn't allow 1st cousin marriage, your petition would be automatically denied.

So my point is, find out if your state allows it and then find out if it possible to file for a k1.

I hope you can make it...the best of lucks!

[Mufmer 24]

I am an American lesbian who came to the Republic of Georgia and fell in love with my host sister. I am 22 and she is 26. Obviously we cannot get married in Georgia, but I want to take her to America to get married there where it is legal. The problem is, there only seems to be visas for heterosexual couples. Does someone have a suggestion on what to do in this situation?

Thanks,

AK

YES FIND OUT THE STATES LAWS N REGULATIONS, WHERE U R RESIDING.

BUT THIS IS VERY FIRST TIME HERE I FOUND U FOR LESBIAN MARRIAGE.

BEST OF LUCK, I HOPE U WILL MAKE IT.

[Altair17 9]

Never heard of this one before... but a logical idea to research would be to find a country that does allows two of you to get legally married and you both can legally visit (like Netherlands), and then apply for CR1. And then if you home state recognzies same-sex marriage you might be able to fight it through USA legal system.

Either way you're in for a challenge, best of luck.

[Gary and Alla 3,694]

I am an American lesbian who came to the Republic of Georgia and fell in love with my host sister. I am 22 and she is 26. Obviously we cannot get married in Georgia, but I want to take her to America to get married there where it is legal. The problem is, there only seems to be visas for heterosexual couples. Does someone have a suggestion on what to do in this situation?

Thanks,

AK

The Federal DOMA does not allow the Federal Government to extend benefits or recognize same sex marriage. The Supreme court will rule on the constitutionality of DOMA this year but a ruling striking it down will not immediately mean you can get same sex fiancee visas as they did not issue them before DOMA existed. It could be more time before the rules are changed to allow same sex K-1s or CR-1s.

In one case here n Vermont a lesbian couple with one partner from Canada has filed for a CR-1. It has been put on "hold" indefinitely and deportation proceedings have been put on hold. The visa has NOT been issued and no authorization to work or leave the country and return has been issued. Canadians can easily enter the US and same sex marriage is legal here and in Canada, so you do not have the visa/entry issues with someone from Georgia.

[mtcmk1 37]

Talk with Tim at TimandKeno, he knows a lot about this. He is waiting for DOMA to file for his fiance--He has done lots of research on same-sex petitions. Good luck!

[CaroSL 68]

Just want to wish you good luck. I really hope law will allow you both to live in the same country!

This is part of the reasons why I marched this sunday in the streets of paris in a giant pro same-sex mariage protest. I don't think I ever felt more like we were part of something important and wonderful. The national assembly starts discussing the law today. I wish and hope one day all those differences of treatment and discriminations (because, it is what it is) against homosexual persons and same-sex couples will be over.

That said, listen to Gary, he is very knowledgeable, and you should talk to timandkeno, as said before.

You have all my support and my best wishes, and I am sorry this is the only thing I can give you.

[Sarah Elle-Même 660]

I am an American lesbian who came to the Republic of Georgia and fell in love with my host sister. I am 22 and she is 26. Obviously we cannot get married in Georgia, but I want to take her to America to get married there where it is legal. The problem is, there only seems to be visas for heterosexual couples. Does someone have a suggestion on what to do in this situation?

Thanks,

AK

Well, there are other non-immigrant visa options (like work or student visa) although since you've demonstrated intent to get married she could have a very hard time obtaining one. Unfortunately there's a lot of cause for cynicism out there regarding federal recognition of gay and lesbian couples, both the Supreme Court cases (because a majority of the justices are social and economic conservatives) and the sheer ineptitude and flip flopping of the white house. Don't hold out hope that Obama will do anything other than advocate for states rights on this issue and leave DOMA as it is. He is the pinnacle of cowardice on just about every issue. It will leave couples such as yourself in permanent limbo as you won't be recognized or able to petition federally. I empathize greatly with your situation and hope you can find a way to be together. It's your right as a human being.

Edited January 29, 2013 by Sarah and Adnan

[goodlucklife 44]

Maybe you need to try a different visa, establish your citizenship then marry in a state where it is legal here. I wish you al the best. Love is love and you deserve to be with the one you love!

[CaroSL 68]

Well, there are other non-immigrant visa options (like work or student visa) although since you've demonstrated intent to get married she could have a very hard time obtaining one. Unfortunately there's a lot of cause for cynicism out there regarding federal recognition of gay and lesbian couples, both the Supreme Court cases (because a majority of the justices are social and economic conservatives) and the sheer ineptitude and flip flopping of the white house. Don't hold out hope that Obama will do anything other than advocate for states rights on this issue and leave DOMA as it is. He is the pinnacle of cowardice on just about every issue. It will leave couples such as yourself in permanent limbo as you won't be recognized or able to petition federally. I empathize greatly with your situation and hope you can find a way to be together. It's your right as a human being.

they didn't send anything yet though, so they didn't demonstrate intent to marry and the other visa options could work... (even though not ideal...)

Edited January 29, 2013 by CaroSL

[Sarah Elle-Même 660]

they didn't send anything yet though, so they didn't demonstrate intent to marry and the other visa options could work... (even though not ideal...)

She posted in a public forum her intent. And if her girlfriend is asked about their relationship at any non-IV interview she will have to answer honestly which might diminish chances of approval. If she lies and this information comes to light she will have a permanent ban. I'm not saying it isn't worth a try to obtain a Non-IV visa - but as far as I know none of the options available to them are good or permanent solutions.

Serious question - even if she successfully came over here for a work or student visa, how would she adjust status to obtain a green card after marriage if the marriage isn't recognized federally? Does anyone know?

One thing I do know is that love is one of the most powerful forces in this world. Where there is a will, there is a way. I have to believe that some day love will prevail and break through its barriers. For the sake of people like the OP and all the gay and lesbian couples I know, I hope that day comes soon.

[CaroSL 68]

She posted in a public forum her intent. And if her girlfriend is asked about their relationship at any non-IV interview she will have to answer honestly which might diminish chances of approval. If she lies and this information comes to light she will have a permanent ban. I'm not saying it isn't worth a try to obtain a Non-IV visa - but as far as I know none of the options available to them are good or permanent solutions.

Yes, I see you point. But CO won't be on that forum, and be willing to over question all the woman applying for a student visa or a work visa from georgia to be sure try to deny the visa... There is no way to track it.

I also think (sorry, what I am about to say is not really politically correct, I know) that living in the world we live in, when the CO ask the applicant: do you know anyone in the united state, and the female applicant answers 'Yes, i have a friend, she has been staying in georgia with my familly for X reason, she was my host sister', the CO won't be very suspicious regarding their intend to marry. This is probably the only advantage of this whole thing, it will probably never occur to him/her. I would say, the law is stupid, let's be stupid too

I am not saying they should obtain a visa and get married anyway, this is their decision to make, but at least they could be together for a while (even thought not permanently) and maybe that would give a chance for things to change (in a perfect world, right? but we can hope, or at least pretend to).

Also: try the lottery in the mean time (this is possible right?) you never know, that could be your chance!

One thing I do know is that love is one of the most powerful forces in this world. Where there is a will, there is a way. I have to believe that some day love will prevail and break through its barriers. For the sake of people like the OP and all the gay and lesbian couples I know, I hope that day comes soon.

I am so with you on this!