Same sex Florida-Philippines

[pinayanne27 8]

I am from Manila and My fiance is from florida which is not a legal state for same sex marriage. We are hesitant to file for k1 as we don't know what are chances are. Florida is one of the most conservative state when in regards to same sex, they do not even honor partnership etc.

It would be of great help if someone is on the same boat. We want to be together already.

[sharky-rex 76]

It won't matter, you just need to say which state you plan to get married in in you letters of intent. Immigration is a federal issue, so Florida won't get a say in it. My fiancee lives in OH, so we're in the same situation.

[Mr.&Mrs.EMB 55]

I have read a thread from a couple here where the petitioner was also from FL and they got approved last year. You can get married in any state where they allow same sex marriage.

[pinayanne27 8]

We are just worried on how they will handle our case since it is a not a legal state and very conservative.

[KayDeeCee 4,895]

Same answers as you were given in your other posts on this topic. The answers have not/will not change no matter how many times you ask it > http://www.visajourney.com/forums/topic/471178-same-sex-fiance-visa/

You have to marry in a state where it is legal. You provide that information in your I-129F petition and at the K-1 visa interview, if asked. USCIS and DoS are the ones making the immigration decisions. The state of FL has no say in whether or not you are approved for a K-1 visa. You can reside in FL after marrying in another state where it is legal to do so, or you can move to another state where there are marriage equality laws. That will be totally up to you. A lawsuit was just filed to try and overturn the SSM ban in FL > http://www.sun-sentinel.com/news/elections/fl-gay-marriage-florida-lawsuit-20140121,0,1012978.story

[pinayanne27 8]

Yes thank you to all your replies. But please don't get us wrong, we just want to be assured before taking the step.

If we get married in a legal state and go back to florida:

1. what would be our status? Can we buy properties under our names as a married couple?

2. How about hospitalization? Since we're not acknowledged in FL, what will happen to us in special hospital cases

[KayDeeCee 4,895]

Why not research this information using the internet? You can find plenty of info about the laws and such for yourself.

Florida does not currently recognize SSM. If you marry in a state and then live in FL, the state will not recognize your valid marriage from the other state where it is legal. However, some counties and cities have special provisions for partnership benefits through a registry. You can also use a will, power of attorney, health care directive, living will, etc. for 'marriage-like' benefits/rights in areas without the partnership registries.

Start by checking out which areas have domestic partnership registries > http://en.wikipedia.org/wiki/Cities_and_counties_in_the_United_States_offering_a_domestic_partnership_registry#Florida

[pinayanne27 8]

We've read several feeds on the internet as well. Just want to try if other same sex couples in florida can help us out here.

It's sad to know that FL still lacks any recognition of domestic partnerships on the state level.

[Ralphiey 13]

piece of advice... since your fiance is living in Florida; just include both in your affidavit the name of state that you will be married where it is legal...

as regards to owning of property. I dont think it is possible as state law will not recognize you as partner; thus owning a propety together would not be possible; you both would still be consider single in that state and state taxes will be filed separately.

[pinayanne27 8]

piece of advice... since your fiance is living in Florida; just include both in your affidavit the name of state that you will be married where it is legal...

as regards to owning of property. I dont think it is possible as state law will not recognize you as partner; thus owning a propety together would not be possible; you both would still be consider single in that state and state taxes will be filed separately.

Thanks so much! We will not be acknowledged as a married couple nor partners in FL. That's sad

[jerni 24]

piece of advice... since your fiance is living in Florida; just include both in your affidavit the name of state that you will be married where it is legal...

as regards to owning of property. I dont think it is possible as state law will not recognize you as partner; thus owning a propety together would not be possible; you both would still be consider single in that state and state taxes will be filed separately.

The last part is not correct. Even if the state does not recognize your marriage and considers you single, you can still jointly own property. You would just have to stipulate that you want the deed to the property to show joint ownership. (We had to do this in California may years ago when same-sex marriage there was not legal).

[ricnally 259]

If I were you, I'd definitely consider living somewhere where I felt more welcome.

[pinayanne27 8]

The last part is not correct. Even if the state does not recognize your marriage and considers you single, you can still jointly own property. You would just have to stipulate that you want the deed to the property to show joint ownership. (We had to do this in California may years ago when same-sex marriage there was not legal).

Wow thanks for that info. But when in regards to hospitalization, she still can't do decisions for me?

If I were you, I'd definitely consider living somewhere where I felt more welcome.

But that's where she works.

[jerni 24]

Wow thanks for that info. But when in regards to hospitalization, she still can't do decisions for me?

For healthcare decisions you would need to have a health care proxy in place. That would give her the power to make medical decisions for you should you be unable to make decisions for yourself.

Edited February 1, 2014 by jerni