Same sex spousal visas & gender-neutral passports

[warpedbored]

The USCIS has announced that same sex couples can file for spousal visas. http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=2543215c310af310VgnVCM100000082ca60aRCRD&vgnextchannel=2543215c310af310VgnVCM100000082ca60aRCRD

 

It is possible that we may get new members who are same sex couples with questions. If we do please give them the same consideration you would any other member with legitimate questions.

[Mick]

This should prove interesting as the process unfolds. I wonder, for example, about a fiance visa originating from a state that does not recognize same sex marriage. Will the visa officer, in the interview, raise this issue by asking "Where and how do you plan to get married?" And wouldn't most of the visas be K1 as China, as far as I know, doesn't permit same sex marriage? Like I said, it should be interesting to see how the Consulate deals with this.

[warpedbored]

This should prove interesting as the process unfolds. I wonder, for example, about a fiance visa originating from a state that does not recognize same sex marriage. Will the visa officer, in the interview, raise this issue by asking "Where and how do you plan to get married?" And wouldn't most of the visas be K1 as China, as far as I know, doesn't permit same sex marriage? Like I said, it should be interesting to see how the Consulate deals with this.

If I understand correctly there is no K-1 visa for same sex couples. It is possible though for a Chinese national to come over on a tourist visa, marry, return to China and wait out the I-130

[Doug]

I've seen em kissing in the Pudong.

[dnoblett]

 

This should prove interesting as the process unfolds. I wonder, for example, about a fiance visa originating from a state that does not recognize same sex marriage. Will the visa officer, in the interview, raise this issue by asking "Where and how do you plan to get married?" And wouldn't most of the visas be K1 as China, as far as I know, doesn't permit same sex marriage? Like I said, it should be interesting to see how the Consulate deals with this.

If I understand correctly there is no K-1 visa for same sex couples. It is possible though for a Chinese national to come over on a tourist visa, marry, return to China and wait out the I-130

 

They are talking about K-1, which makes sense, the K-1's main intent is situations where it is difficult or impossible to marry overseas due to laws or customs overseas that are not an issue in the states.

 

Q2. I am a U.S. citizen who is engaged to be married to a foreign national of the same sex. Can I file a fiancé or fiancée petition for him or her?

A2. Yes. You may file a Form I-129F. As long as all other immigration requirements are met, a same-sex engagement may allow your fiancé to enter the United States for marriage.

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=2543215c310af310VgnVCM100000082ca60aRCRD&vgnextchannel=2543215c310af310VgnVCM100000082ca60aRCRD

[warpedbored]

I missed that, thanks Dan. This should prove to be quite interesting. Now I wonder if the US petitioner has to live in a state where same sex marriage is legal. They don't for a spousal visa as long as they are legally married.

[dnoblett]

I doubt it, can always say they plan on marriage in a state that allowes it in their letter of intent. Like " we plan on a NY City wedding "

[Randy W]

It's a legal issue which is unlikely to have been settled. From NOLO -

 

Meanwhile, 35 states have constitutional amendments or state laws that restrict marriage to one man and one woman. None of these states are required to recognize same-sex marriages from other states for any purpose. However, some judges in states where same-sex marriage is not legal will and have recognized a same-sex marriage, for example, to grant a divorce. But without a uniform law that says all states must recognize out of state same-sex marriages, it's impossible to say what will happen in a non-recognition state.

 

If you have specific questions, you should contact a local family law attorney to find out what judges are doing in your particular county.

 

Although it’s clear that same-sex married couples who live in the 13 states that recognize gay marriage (or D.C.) will receive federal benefits, the Windsor decision leaves many other questions unanswered. For example, will the federal government recognize marriages of same-sex couples who live in states that don’t allow gay marriage?

 

It’s also unclear whether this ruling will apply retroactively and impact previously filed tax returns. If the ruling is retroactive, will it be effective on a state-by-state basis, starting on the date when gay marriage became legal in each state? Or just to the date when the Supreme Court issued its ruling? Or some other date?

 

We will have to wait for more clarification on these and many other DOMA-related issues from the I.R.S. and other federal agencies.

 

This is the first type of marriage which can be performed legally, and still not be recognized where you live - there is no precedent.

[warpedbored]

As I understand it individual states don't have to recognize it but anything to do with the federal government does regardless of whether or not they live in a state where it is legal. This would create a situation where they could file federal income tax returns as a married couple but not a state tax return. It's neither here nor there as far as CFL is concerned. We're here to help people through the visa process as it pertains to China. That includes same sex couples.

[Randy W]

From the Dept of State

U.S. Visas for Same-Sex Spouses

http://travel.state.gov/visa/frvi/frvi_6036.html

Q: Do we have to live or intend to live in a state in which same sex marriage is legal in order to qualify for an immigrant or nonimmigrant visa?

A: No. If your marriage is valid in the jurisdiction (U.S. state or foreign country) where it took place, it is valid for immigration purposes. For more information, please review the following page on the United States

Citizenship and Immigration Service's (USCIS) website.

Q: I am in a civil union or domestic partnership; will this be treated the same as a marriage?

A: At this time, only a relationship legally considered to be a marriage in the jurisdiction where it took place establishes eligibility as a spouse for immigration purposes.

Q: I am a U.S. citizen who is engaged to be married to a foreign national of the same sex. We cannot marry in my fiancé's country. What are our options? Can we apply for a fiancé K visa?

A: You may file a Form I-129F and apply for a fiancé(e) (K) visa. As long as all other immigration requirements are met, a same-sex engagement may allow your fiancé to enter the United States for the purpose of marriage. For information on adjusting status, please review the following page on USCIS's website:

 

 

 

USCIS Same Sex Marriages - http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=2543215c310af310VgnVCM100000082ca60aRCRD&vgnextchannel=2543215c310af310VgnVCM100000082ca60aRCRD

[Randy W]

 

On Friday, Minister-Counselor for Consular Affairs, David Stewart, issued the first immigrant visa to a same-sex married couple at our U.S. Embassy in London.

[Randy W]

.

 

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[Andelu]

Have used the CFL site for some excellent research over the last few weeks and want to say thank you for this thread. I am a USC who has lived in China for over 10 years and been with my Chinese partner for more than 7 years. After the recent Supreme Court decision we flew to the States to get married (in New York State) and start the immigration process for my husband. I submitted the I-130 through Guangzhou Consular Process on August 27th look forward to sharing our journey.

 

I do believe I was the first, at least with the staffer who reviewed my petition, to submit a same sex marriage I-130 in Guangzhou as everything was fine until the staffter looked at the biometric page of my husband's passport and realized he was a he...After quickly excusing himself to go check something, assume he spoke to someone who said it was okay, he returned a few minutes later and finished checking all the documents as if nothing had happend.

[Randy W]

Cool! Thank YOU for reporting back (very much) and Good Job!

[warpedbored]

Welcome to CFL. Please keep us informed. You're charting new ground and the information can help others behind you.