AidenCH

Forigive me for asking a question that has been asked a million times, but there's so much information out there, I'm stuck!

I've been with my girlfriend a little under a year, and we're hoping to start a life together, in the US (she's an american citizen, born and living there at the minute, I'm over in the uk.) Now, we plan to get married sometime in the future, and usually I think it would be a case of marrying her, and trying to obtain citizenship that way, if I'm right. Problem is, we're both women, and the US hasn't gotten around to legalising anything that'd help us yet, so it's a no go area.

I'm fairly young, so wouldn't be able to get a H1-B visa, as I don't have professional training in a job. I've been considering a student visa, but providing the money for tuition is a problem at the moment.

Are there any avenues open to me that I'm missing? Honestly, it'd be so much easier for my partner to move here, but she's got commitments to her family she can't abandon, which obviously I accept (not saying I -like- them though.

Any reply you can give would help, and thanks for reading.

Tracym

Hi - welcome to the forum.

Not sure if this will help, but Massachusetts and California do recognize same sex marriage.

I have a feeling that might not matter to USCIS (immigration) though - but I'm sure some lawyer would love to try it out. It might not an easy (or necessarily successful route though).

I wonder.... if you were to visit, get legally married in Calif. (no waiting period, don't have to be a resident), return to the UK, and file for a spousal visa... I wonder what would happen.

By the way, IF this were to succeed (and I have no idea if it would) you would become a legal permanent resident, not a citizen. You can't apply for citizenship until 3-5 years down the road after becoming a legal resident. So for now... imo you need to focus on a visa, and a path to permanent residency.

Tracym

Also check out this article - it lists the ways to live and work in the US.

http://britishexpats.com/wiki/Pulask...ork_in_the_USA

ian-mstm

While several states recognize same sex marriages, immigration is covered under federal law... and same sex relationships are not recognized for immigration purposes.


Unless you qualify for a visa on your own, I'm afraid the "marriage" route is closed to you. Sorry.

Ian

ian-mstm

I agree... I think such a case would make it to the Supreme Court... but I'm pretty sure the Supremes will decide not to hear the appeal.


A novel suggestion... but I'm thinking a charge of fraud would more than likely result for the attempt to skirt federal law.

Ian

Tracym

I certainly wasn't meaning they should attempt to skirt federal law - I wasn't sure what the law was.

I was just wondering, since the marriage would be legal in those states, perhaps it would be recognized - apparently not.

fatbrit

You can both live in the UK on the basis of your relationship without problem.

Your relationship gives you no opening in US immigration. Your other choices are here. Even with a relevant degree, I would state that your chances of making it over here are minimal. If you want to live together, it will probably have to be in the UK.

meauxna

Here is what USCIS has to say on the subject:

Gay Marriages

Can a gay marriage (even in a state where these are legal) be the basis for a Form I-130, Petition for Alien Relative, for purposes of immigration?

For the purposes of immigration, a marriage’s validity is a question of Federal law, not of State law. In 1996, Congress clarified the Federal law concerning recognition of marriage by enacting the Defense of Marriage Act (DOMA), Pub. L. No. 104-199, 110 Stat. 2419 (1996). The DOMA contains a statutory definition of "marriage," and of the related term, "spouse."
Pursuant to the DOMA, in order for a relationship to qualify as a marriage for purposes of Federal law, one partner must be a man, and the other must be a woman. This definition applies to the construction of any Act of Congress and to any Federal regulation. USCIS must, therefore, administer the Immigration and Nationality Act in light of the DOMA, and cannot recognize the validity of any same sex marriage.

AidenCH

I figured that would probably be how it'll end up, unless same sex marriages suddenly get recognised by immigration, which I'm not going to bank on happening.

Thanks for the replies though guys, they've all been helpful, if just reaffirming what I thought.

No idea how to tell the Gf, as she's under the impression I'll be able to come and live with her, and everything will be fine. She's pretty much said there's no chance of her coming here..so, I'm kind of afraid to break the news to her :/

Well, thanks again for the help, it's much appreciated

Folinskyinla

Hi:

The US has a federal system where each state is quasi-independent. In fact, for many years, the "conservatives" in the US were very big on something called "States' Rights." And marriage and divorce has traditionally been an area of law in the hands of the individual states. However, in the area of same gender marriage, the "conservatives" became downright radical and passed a Federal Law which was a strong attack on the concept. This attack on marriage was codified in the "Defense of Marriage Act." [For what its worth -- from 1790 until 1947 the US had a "War Department." In 1947 the War Department was consolidated with the Navy Department and became the Defense Department. We also now have a Department of Homeland Security. George Orwell may have been an Englishman, but...].

Sad to say, you will have to figure out ways of immigration independent of family relation.

hobbes79

Maybe you could both consider a move to Canada as a compromise?

Marocco

What has really changed is what it means to be a "conservative". These days the term is almost always used as synonymous with "Republican", despite the fact that in the last few decades the Republican Party has moved more and more in the direction of big government. Today fans of big government abound in both parties. The Defense of Marriage Act itself was signed into law by a Democratic president who has never made a secret of his opposition to same sex marriage.

I very much doubt that an "old conservative" like Barry Goldwater would have supported DOMA.