View Full Version : Do SS marriages grant US citizenship?
rainbowtreat
07-26-2008, 11:22 PM
I have a question.Call me stupid if this sounds like a dumb question lol. One of my best friends is gay and she is from Australia. She comes over every year for about a month to visit. ( she will be here Wed. YEAH!!! ) She was in my wedding and it was the only time she has every wore a dress lol. She must love me lol. Any way back to my question. Would this be the same for some one from antoher counrty who marries an american then they can live here? I mean if it is legal for them to marry now ( YEAH!!!! ) then if by chance she met some one and married then she could stay right?
She so wants to live here but can not get a visa from her country to come over. She has tried everything and she was close but a no go. I don't understand why they wont let her leave if she wants to. I mean if the USA will allow others to come in and work with a visa then why wont Australia let her leave to live and work here? Sorry off subject there, just venting lol.
WebLady
07-27-2008, 10:31 AM
Sorry off subject there, just venting lol.Figured the topic could be a whole new discussion, so I moved it ;)
I have no idea about this though; I would assume if it was legal for the SS couple to be married that the other marriage laws and rights would also be granted to them.
If your friend is considering this, I'd recommend that she look more into it and find out for sure.
acidcookie
07-27-2008, 10:40 AM
Having come here from another country I know the laws about visas and green cards are a mess. Usually if you marry an American citizen you get a green card. But with same sex couples I'm sure they haven't worked anything out. Check with the INS and then check again. I anticipate possible trouble, especially with same sex marriage being so shaky right now.
gwenshack
07-27-2008, 09:25 PM
I don't know for sure, but I suspect that since marriage is only legal in certain states - state law - and immigration and naturalization has to do with federal law - and same sex marriage isn't legal in all states and hasn't been ruled on federally in any positive manner yet that our federal government probably won't grant visas to same sex marriage partners without one heck of a fight.
I can't imagine it would be easy and it will probably be something that will end up being constitutionally challenged in front of the Supreme Court.
Just my theory though. I haven't looked into it so I could be super wrong and maybe they're recognizing SS marriages and giving visas without the blink of an eye. We can only hope! :)
rainbowtreat
07-27-2008, 10:25 PM
Not that she is considering this it was just a thought I had. One day maybe every one will be on the same page.
Aleta
07-28-2008, 03:10 PM
My brother is engaged to a lady from the Philippines. He met her in Dubai. It took them over a year to obtain her Engagement Visa and she just made it to the States this month. It's a LOT of red tape....
Isn't it something about illegal immigrants can just walk over the border, but those who want to do it legally, you have ropes lit on fire to jump through!
RevMatty
08-13-2008, 10:54 AM
I think you hit the nail on the head.
The question is why won't Australia let her come over here to work and live?
Did she do something illegal, that would prevent her from getting a visa or greencard from Australia? Is she on a terrorist watch list? The answer to that main question, may be the key.
The best bet is to talk to an imigration lawyer.
joeyz_gurl
08-15-2008, 08:09 AM
Unfortunately no they do not... One of my good friends just dealt with that heartache, his partner's work visa expired and he was to return but the kept finding a way to extend it... unfortunately this last time he had to return home... they are now struggling through a very long distance relationship... it would have made no difference if they married (He is a MA resident).
rainbowtreat
08-25-2008, 01:19 PM
I think you hit the nail on the head.
The question is why won't Australia let her come over here to work and live?
Did she do something illegal, that would prevent her from getting a visa or greencard from Australia? Is she on a terrorist watch list? The answer to that main question, may be the key.
The best bet is to talk to an imigration lawyer.
No it is actualy the US who wont grant her any kind of visa right now. She said she could go to Canada to work no problem. She is not any of those things you listed. She is a hard worker and there are just a bunch of things that have to be in place for her to be able to get to stay here. She is still working on it. There are things like she would have to own land here and once she was here she could only go back home a total of 8 times. I don't remember alot of it. Alot of it didn't make since or I just didn't understand it. One say she might get here to stay. Wish her luck. She said she feels more at home here then there lol. I think it is the people here lol.
2dBride
08-25-2009, 03:20 AM
Unfortunately, there is a federal statute called the "Defense of Marriage Act" that precludes same-sex marriages from being recognized for any purpose, and that includes immigration. Obama has promised to try to get it repealed, but I'm not holding my breath.
And to the person who asked why she can't immigrate without a marriage, the answer is that the US has one of the toughest immigration laws in the world. If you do not have a relative (including a spouse) who is a US citizen, you basically have to have at least a bachelor's degree and a job offer that requires a bachelor's degree, and to apply on one particular day (April 1), and even then your chances are only about 50/50. And once you get admitted, you'd better be able to hold onto that job for the next 3-4 years, because there is no grace period for finding a new job if you lose that one.
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