SameSexMarriage

[elmcitymaven 9,711]

This is because same sex marriage is not a world wide thing it is only "so-called" legal in 13 states.

Wrong. It is not "so-called" legal in 13 states. It IS legal in 13 states, the District of Columbia, and 12 other countries. There is no "'so-called' legal" about it.

Edited June 27, 2013 by the maven

[grinchus 11]

Wrong. It is not "so-called" legal in 13 states. It IS legal in 13 states, the District of Columbia, and 12 other countries. There is no "'so-called' legal" about it.

Oh, snap! Great reply!

[Hypnos 6,576]

Unless god is going to come down from his comfy chair in the sky and personally re-write the legislation, then I think we're fine having whatever laws we (as in, "we the people") want.

Opinion polls have shown that gay marriage is now favoured by a majority of Americans, and as the opposition dies off (it's mostly old, white people who have a problem with it, the same as it was mostly old, white people who had a problem with black people having civil rights - strange coincidence, right?) this number is only going to increase.

Edited June 28, 2013 by Hypnos

[KayDeeCee 4,891]

all…very helpful..thank you!

I do not know if you have seen this yet or not, but this FAQ sheet has some good info about immigration post DOMA> http://www.nclrights.org/site/DocServer/Post-DOMA_Immigration.pdf

[grinchus 11]

So nice for people to weigh in on the OPs personal life - especially the part where you are regaling us with religious beliefs or feelings of disgust that are totally irrelevant to this conversation. We live in a nation of secular laws. We do not live in a theocracy.

The OP is wanting to know what rights he and his long time partner have under (secular) immigration law, especially in light of the DOMA ruling yesterday.

So, same sex married couples are now federally-recognized, legally married partners in the eyes of the law. That is the reality. The focus should be on answering the OP's query and helping him find the info he needs.

This forum should be a place where people seek information, and not be insulted by other readers.

[fantonledzepp 159]

Ok, so the same rules would apply for a K1 visa for a same-sex couple, right? The beneficiary's country must also allow same-sex marriage, right? Basically, free to marry in both places, right?

And going back to the huge debate about SSM, get over it. Raise your kids how you want with religion or whatever beaten into them, but do not try to deny people basic rights that we take for granted. Rights like health insurance for spouses or the ability to jointly file tax returns. These people love each other and they deserve these rights, just as much as we do.

And don't worry about your church, temple or mosque. They will forbid SSM, your halls will remain untainted and pure. Take it easy.

[Darnell 8,478]

do most use an attorney to do this or is it really pretty simple?

The forms themselves are straightforward, not any more difficult than filling out a full 1040 by hand.

We've a great guide section here, and there are wiki pages also.

All of that info varies, depending on which path you choose.

IMO, USCIS (solely) route is easier and faster, so if possible for you two to marry in the USA then adjust status in the USA, it's just going to be faster. Although DOMA was effectively repealed, it's going to take time for the Department of State to 'react' to it for visas obtained outside of the USA. There's lots of 'stuff' to go out to the Embassies worldwide, and it's going to take DoS some time to get it all sorted. USCIS doesn't have that problem on reaction time, in effect you two could marry today, file (adjustment of status) tomorrow with USCIS and then wait it out, the two of you inside the USA.

Good Luck, which ever path you decide.

[grinchus 11]

Ok, so the same rules would apply for a K1 visa for a same-sex couple, right? The beneficiary's country must also allow same-sex marriage, right? Basically, free to marry in both places, right?

And going back to the huge debate about SSM, get over it. Raise your kids how you want with religion or whatever beaten into them, but do not try to deny people basic rights that we take for granted. Rights like health insurance for spouses or the ability to jointly file tax returns. These people love each other and they deserve these rights, just as much as we do.

And don't worry about your church, temple or mosque. They will forbid SSM, your halls will remain untainted and pure. Take it easy.

I don't think the laws of the beneficiary's country of origin matter. Partners from different nationalities can get married in a U.S. state that recognizes same sex marriage, and that will be recognized by the feds. It wouldn't matter for U.S. law whether the non USC spouse's country recognizes their marriage.

[Krikit 1,163]

A number of posts have been removed for TOS violations or for going off topic. Two members have been thread-banned. Any further such posts will result in administrative action being taken.

[canada_socks 97]

Just ignore it. He's anti-SSM and was trolling the forums on this subject yesterday.

Good to know!

[ppihtr123 68]

This is an interesting topic...My thoughts

As the state laws govern marriage and some states allow, it would be in the same grey area as first cousins wanting to marry. I assume the first implementation would be something following those general guidelines.

The other thought is it will take time! With the minor update to the last 864, it seemed to lockup the system for a month just to retrain the folks on moving the boxes around. I wonder how long SSM will take train all the consulates on the new policies and procedures.

[fantonledzepp 159]

I don't think the laws of the beneficiary's country of origin matter. Partners from different nationalities can get married in a U.S. state that recognizes same sex marriage, and that will be recognized by the feds. It wouldn't matter for U.S. law whether the non USC spouse's country recognizes their marriage.

Yes, I understand that. But when filing for a K1 visa, one of the requirements is free to marry in both countries. Logic tells me that if you're not free to marry in the beneficiary' country, then it'll be denied.

[Bugs 455]

Ok, so the same rules would apply for a K1 visa for a same-sex couple, right? The beneficiary's country must also allow same-sex marriage, right? Basically, free to marry in both places, right?

And going back to the huge debate about SSM, get over it. Raise your kids how you want with religion or whatever beaten into them, but do not try to deny people basic rights that we take for granted. Rights like health insurance for spouses or the ability to jointly file tax returns. These people love each other and they deserve these rights, just as much as we do.

And don't worry about your church, temple or mosque. They will forbid SSM, your halls will remain untainted and pure. Take it easy.

Incorrect. You cannot get a CR-1 visa obviously if your beneficiary is from a country that does not allow same sex marriage, but you can get a K-1 visa.

[KayDeeCee 4,891]

Yes, I understand that. But when filing for a K1 visa, one of the requirements is free to marry in both countries. Logic tells me that if you're not free to marry in the beneficiary' country, then it'll be denied.

Yes, being free to marry means you are both single and able to marry someone legally. For a K-1, it has to be legal in the state where the petitioner resides and they intend to marry. People have been talking about 1st cousin marriages for example. First cousins can marry in some states and in others they cannot. If someone files a K-1 for a 1st cousin, it does not have to be legal in the foreign fiance(e)'s country because that is not where the marriage will take place. It has to be legal in the USC petitioner's state where they intend to wed.

[Protocol417 161]

Ok, so the same rules would apply for a K1 visa for a same-sex couple, right? The beneficiary's country must also allow same-sex marriage, right? Basically, free to marry in both places, right?

To clarify what others have said, that just means that you must not currently be married, that you are single and therefore "free to marry". It doesn't mean that SSM needs to be legal in both countries. The USCIS doesn't care about the marriage laws of the beneficiary's country; they only care about US law.