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Question. Gay related

Posted by on Feb. 14, 2014 at 6:50 AM
  • 18 Replies

Does anyone know the answer to this???  My nephew is now living with a guy from Saudi Arabia.  He is here on a student visa. His family has an arranged marriage waiting for him when he goes back to SA.  He is openly gay here in the US.  Of course we all know how gays are treated in SA, SO, if they went to a state where gay marriage is allowed, would that be recognized on a federal level so he can stay in the US?

by on Feb. 14, 2014 at 6:50 AM
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Replies (1-10):
lovemercygrace
by on Feb. 14, 2014 at 6:52 AM

I have no idea, I don't even know who you could call, maybe the marriage licence people. Good luck!

momma-of-three3
by Member on Feb. 14, 2014 at 6:52 AM
2 moms liked this
The answer to this question was once a categorical "no," as historically, the U.S. Congress, as well as U.S. Citizenship and Immigration Services (USCIS) insisted that heterosexual marriages were the only ones that counted for immigration purposes.
However, the U.S. Supreme Court's recent decision in United States v. Windsor to overturn a provision in the Defense of Marriage Act ("DOMA") means that the same-sex foreign spouses of U.S. citizens and permanent residents are now eligible to apply for green cards.
Because immigration law is federal and DOMA defined marriage as between a man and a woman, this law ensured that only heterosexual partners could petition for a green card for their foreign spouses. As a result, even if you were married in one of the 13 states, the District of Columbia, or the more than a dozen countries that recognize same-sex marriage, you could not sponsor your foreign spouse for a green card or bring your foreign fiancé to the U.S. for purposes of getting married.
That will all change now, thanks to the Windsor ruling. Janet Napolitano, Secretary of Homeland Security, has stated that U.S. Citizenship and Immigration Services (USCIS) will now treat same-sex married couples equally when administering U.S. immigration law. In fact, just two days after the Supreme Court's ruling, one same-sex couple was notified that their green card application (which they had submitted before the ruling, in February), had been approved by USCIS. (Also see the New York Times writeup of their case.)

While USCIS has yet to issue guidance on how exactly it will implement the new directive, it will likely do so in July or August of 2013. What is clear is that any same-sex marriage that was officially recognized in a state or country permitting it will now count for immigration purposes. This will be true even if you now live (or plan to live) in a state that does not recognize same-sex marriage.
Less clear is whether civil unions or domestic partnerships – even if they technically confer the same benefits that a "marriage" does under the law – will count. Most likely not, so same-sex couples in these unions will probably need to get "married" before they petition for a green card unless they want to instead apply for a K-1 fiancé visa in order to get married in the United States.
Stay tuned for more information as it becomes available. In the meantime, you may want to read Nolo's article, "Sponsoring a Fiancé or Spouse for a Visa or Green Card," for the basics of the application process.
http://www.nolo.com/legal-encyclopedia/question-green-card-sponsor-partner-28055.html
Carpy
by Emerald Member on Feb. 14, 2014 at 6:54 AM
1 mom liked this

I will forward this to my nephew.  Thanks

Quoting momma-of-three3: The answer to this question was once a categorical "no," as historically, the U.S. Congress, as well as U.S. Citizenship and Immigration Services (USCIS) insisted that heterosexual marriages were the only ones that counted for immigration purposes.
However, the U.S. Supreme Court's recent decision in United States v. Windsor to overturn a provision in the Defense of Marriage Act ("DOMA") means that the same-sex foreign spouses of U.S. citizens and permanent residents are now eligible to apply for green cards.
Because immigration law is federal and DOMA defined marriage as between a man and a woman, this law ensured that only heterosexual partners could petition for a green card for their foreign spouses. As a result, even if you were married in one of the 13 states, the District of Columbia, or the more than a dozen countries that recognize same-sex marriage, you could not sponsor your foreign spouse for a green card or bring your foreign fiancé to the U.S. for purposes of getting married.
That will all change now, thanks to the Windsor ruling. Janet Napolitano, Secretary of Homeland Security, has stated that U.S. Citizenship and Immigration Services (USCIS) will now treat same-sex married couples equally when administering U.S. immigration law. In fact, just two days after the Supreme Court's ruling, one same-sex couple was notified that their green card application (which they had submitted before the ruling, in February), had been approved by USCIS. (Also see the New York Times writeup of their case.)

While USCIS has yet to issue guidance on how exactly it will implement the new directive, it will likely do so in July or August of 2013. What is clear is that any same-sex marriage that was officially recognized in a state or country permitting it will now count for immigration purposes. This will be true even if you now live (or plan to live) in a state that does not recognize same-sex marriage.
Less clear is whether civil unions or domestic partnerships – even if they technically confer the same benefits that a "marriage" does under the law – will count. Most likely not, so same-sex couples in these unions will probably need to get "married" before they petition for a green card unless they want to instead apply for a K-1 fiancé visa in order to get married in the United States.
Stay tuned for more information as it becomes available. In the meantime, you may want to read Nolo's article, "Sponsoring a Fiancé or Spouse for a Visa or Green Card," for the basics of the application process.
http://www.nolo.com/legal-encyclopedia/question-green-card-sponsor-partner-28055.html


quickbooksworm
by Gold Member on Feb. 14, 2014 at 6:54 AM
Well he could file a joint tax return with his husband so the federal government recognizes it in some way. I'm just don't know much about immigration laws.
jhslove
by Bronze Member on Feb. 14, 2014 at 6:57 AM
1 mom liked this

I don't know--maybe he could apply for amnesty on the grounds that his life would be in danger back in his home country?

Wow, what an awful situation......

Carpy
by Emerald Member on Feb. 14, 2014 at 7:14 AM

I know, it is.  I hope they can find a way.  He is a real sweetheart.

Quoting jhslove:

I don't know--maybe he could apply for amnesty on the grounds that his life would be in danger back in his home country?

Wow, what an awful situation......


MonarchMom22
by Bronze Member on Feb. 14, 2014 at 9:02 AM

One more reason all marriages should be treated the same under law - regardless of where you were married.

UpSheRises
by Platinum Member on Feb. 14, 2014 at 9:04 AM

I don't believe gay marriage is recognized for naturalization purposes.

He could apply for assylum if he thinks he might be in danger.

Meadowchik
by Silver Member on Feb. 14, 2014 at 9:21 AM
1 mom liked this

Whether he marries a male or female American, marrying an American means he has changed the intent of his stay in the US, which may make his student Visa invalid, making him unable to travel with it (or return to the US with it.)  Please advice him to plan this carefully, especially to not travel outside the US after (if) he does get married.  The best bet would be to contact the US authorities http://www.uscis.gov/green-card/green-card-through-family/green-card-immediate-relative-us-citizen

beforehand to know the quickest, most efficient way to obtain the green card.

LiveinJoy
by on Feb. 14, 2014 at 9:28 AM

good question!

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