Marrying a transexual

[Kang Lang 7]

while i have no advice to offer i just want to say it's a shame that goverment (of any country) would interfere in 2 law abiding people spending their lives together.

i wish you well and hope you two are able to work this out favorably.

[Jamie76 0]

And I was being very matter of fact when I said you were a great help with your snide comment.

You are being snide not me, I simply state the facts, get your emotions out of it.

Someone correct me if I am wrong but: Even if the state recognizes same sex marriage, it is written into the Immigration Act that the spouse must be of the opposite sex?

I know we don't know the poster's gender yet, so this might be moot. I am just curious.

How do they get around the birth certificate

USCIS does not grant same sex marriage visas. Also that person was born a male or female and it is an official record, that is not going to be changed it is there to stay.

Get your emotions out of it? Please refer to your first post.

[pushbrk 12,266]

And I was being very matter of fact when I said you were a great help with your snide comment.

You are being snide not me, I simply state the facts, get your emotions out of it.

Someone correct me if I am wrong but: Even if the state recognizes same sex marriage, it is written into the Immigration Act that the spouse must be of the opposite sex?

I know we don't know the poster's gender yet, so this might be moot. I am just curious.

How do they get around the birth certificate

USCIS does not grant same sex marriage visas. Also that person was born a male or female and it is an official record, that is not going to be changed it is there to stay.

Get your emotions out of it? Please refer to your first post.

It all gets convoluted, doesn't it? USCIS doesn't issue visas to same sex couples but, in fact some states do allow transexuals to have reissued birth certificates. The Catch 22 is that in this case, changing the birth certificate will make the couple same sex. They are now opposite sex.

This is not the place to air personal feelings or make assumptions. Birth certificates can be reissued in some States but that would be the State of birth, not the State of current residence, if different.

[desert_fox 32]

Does she still shave every morning??

[nane1104 146]

Does she still shave every morning??

Ouch! I think that question is pretty much out of place!

[Nancy2015 2]

Unfortunately, same-sex marriages are not qualifying marriages for immigration purposes It would really suck if your partner would have to remain legally male just to comply with the immigration laws. But unless the laws change in the near future, there is probably no other way around it

I sincerely wish you luck and a lot of patience (F) (F) (F)

[lucyrich 19]

See This craigslist thread for a somewhat similar discussion. Note the relevant discussion starts with "my 2 pesos", and more interesting facts are brought forth on the "simple legal issues, difficult personal ones" message. The author of those messages, shu2, is an immigration attorney. He's describing a marriage where one party was transgendered, and the other party didn't know about that fact until questions were raised by the immigration authorities. During processing, they uncovered the fact that the wife's social security had originally been issued to a male, and the wife confessed to being a transsexual. The husband was surprised, but stuck with the marriage and they stayed together long after conditions were removed. Since the marriage was between a man and a woman, it was considered valid for immigration purposes, despite the fact that the woman had been male earlier in life.

Basically, in order to have your marriage recognized by the US government for immigration purposes, one party must be male, and the other female. That's per the Defense of Marriage Act. In addition, the marriage must be recognized by the state or local authorities that have jurisdiction over the place where the marriage happened. There's no hard requirement that the people have been of those genders their entire lives, though.

It sounds like this current thread is about the reverse situation, where the gender change will cause the couple to be same sex. The USCIS does not recognize a same sex marriage for the purpose of immigration. If they remained opposite sex, both physically and legally, until conditions were removed, I can't think of any legal problems it would cause.

[Jamie76 0]

Should it matter if he had the change though? Should they not base it on the fact he has a Y chromosome?

[zqt3344 21]

Does she still shave every morning??

OH MY !

[Chris Parker 10]

Hi all,

I came with an H2B working visa, then I changed it to a B2 visa, however I violated my visa by using my SS to work while I'm on a tourist visa.

Right now, I'm in a serious relationship with a male to female transexual. She has changed all her papers except for her birth certificate, so she's legally male according to her birth certificate. She's a full time student so we were thinking to ask her roommate to joint sponsor me. Here are some of my questions

1. Can we get married and if we can, what should we do?

2. What documents does she need to file for me?

3. Given to my violation, will it hamper my chance of getting my status adjusted?

4. And is it necessary for her to pretend as a male for 2 years (temporary to permanent green card) and while we file until our interview?

Thank you for your attention, if you have more info about how we can pull it off, please im me.

Thank you

I believe this published BIA decision addresses your questions.

http://www.uscis.gov/propub/ProPubVAP.jsp?...dca52d6c79420b2

[pushbrk 12,266]

Hi all,

I came with an H2B working visa, then I changed it to a B2 visa, however I violated my visa by using my SS to work while I'm on a tourist visa.

Right now, I'm in a serious relationship with a male to female transexual. She has changed all her papers except for her birth certificate, so she's legally male according to her birth certificate. She's a full time student so we were thinking to ask her roommate to joint sponsor me. Here are some of my questions

1. Can we get married and if we can, what should we do?

2. What documents does she need to file for me?

3. Given to my violation, will it hamper my chance of getting my status adjusted?

4. And is it necessary for her to pretend as a male for 2 years (temporary to permanent green card) and while we file until our interview?

Thank you for your attention, if you have more info about how we can pull it off, please im me.

Thank you

I believe this published BIA decision addresses your questions.

http://www.uscis.gov/propub/ProPubVAP.jsp?...dca52d6c79420b2

Yes, I think the answer to the basic question is available from reading this case but the OP's case presents an opposite problem. The sex reassignment surgery and subsequent change in birth certificate would result in a same sex marriage, not an opposite sex marriage. So turning the whole scenario on its head, the answer is the USC furture transexual must, in order to accomplish both marriage to the OP and the obtaining of an immigration benefit for his wife, remain a male, no matter how he chooses to portray his sexuality publicly in the interim.

[Alt name 1]

Given your violation, it would be good if you were made an example of, picked up, fined, put on a flight, and returned home. You obviously have no regard for the law here and now you are looking for some other way to deceive the system so that you can have a "marriage"? Bring your "lady" friend to Jakarta or whatever village you are from and live happily there. For $35 "she" can get an indo visa to spend time with you there. I suspect though life would be pretty difficult, just an idle thought from my time there though.

Hi all,

I came with an H2B working visa, then I changed it to a B2 visa, however I violated my visa by using my SS to work while I'm on a tourist visa.

Right now, I'm in a serious relationship with a male to female transexual. She has changed all her papers except for her birth certificate, so she's legally male according to her birth certificate. She's a full time student so we were thinking to ask her roommate to joint sponsor me. Here are some of my questions

1. Can we get married and if we can, what should we do?

2. What documents does she need to file for me?

3. Given to my violation, will it hamper my chance of getting my status adjusted?

4. And is it necessary for her to pretend as a male for 2 years (temporary to permanent green card) and while we file until our interview?

Thank you for your attention, if you have more info about how we can pull it off, please im me.

Thank you

[Alt name 1]

Violating the terms of a visa isn't law-abiding. Idle comment only

while i have no advice to offer i just want to say it's a shame that goverment (of any country) would interfere in 2 law abiding people spending their lives together.

i wish you well and hope you two are able to work this out favorably.

[Singers 0]

Given your violation, it would be good if you were made an example of, picked up, fined, put on a flight, and returned home. You obviously have no regard for the law here and now you are looking for some other way to deceive the system so that you can have a "marriage"? Bring your "lady" friend to Jakarta or whatever village you are from and live happily there. For $35 "she" can get an indo visa to spend time with you there. I suspect though life would be pretty difficult, just an idle thought from my time there though.

Actually working illegally is normally forgiven during AOS to USC....

[Alt name 1]

In a perfect world it wouldnt. another idle comment. U think i have any mercy for a criminal? especially in this pucked up mess? another idle opinion.

Given your violation, it would be good if you were made an example of, picked up, fined, put on a flight, and returned home. You obviously have no regard for the law here and now you are looking for some other way to deceive the system so that you can have a "marriage"? Bring your "lady" friend to Jakarta or whatever village you are from and live happily there. For $35 "she" can get an indo visa to spend time with you there. I suspect though life would be pretty difficult, just an idle thought from my time there though.

Actually working illegally is normally forgiven during AOS to USC....