TracyE

I have been reading this forum now for about a week or so.

I am the USC of a binational same sex couple. I have Indefinate Leave to Remain in the UK, which took my partner and I three years to obtain after fighting the UK immigration and through the court system. Sadly I have had to return to the USA without my partner who is British, my mother is terminally ill with Lung Cancer, undergoing various treatments to prolong her life, my son also has cancer, he is only 30.

The thing that upsets me the most is, I am not allowed to bring my same sex partner here to the USA, as typically that 'my partner'. Even though we were legally married in Canada some 5 years ago.

I get so angry when I see people try to circumnavigate the immigration system, when there is absolutely nothing my partner and I can do. She is stuck in England and I am here nursing my mother and son.

It is totally unfair that because we are same sex we cannot be together in my country of birth.

We have tried every avenue to seek an answer to this problem, yes she can come visit for up to 90 days, but that can only be done for a certain period of time before she is sent back to England not being allowed entry.

I feel like a second class USC.

It isn't as though we would be a burden on society, darn we are both in our 50's and have been together over 7 years.

We have no idea what to do anymore.

So for those who try to do things that are illegal, take the time out to think of those of us who can do absolutely nothing to be together.

Sorry for the rant just needed to get this out of my head.

Ray

Have you checked to see if she could fall into any other visa catergory

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

TracyE

Yes Ray we have checked out all avenues, unfortunately my partner does not qualify as she doesn't have a degree although is an undergraduate at the moment through Open University, also she has a disability Meniere's Disease, not life threatening, but can cause problems with balance etc. We are not financial enough for her to get a business visa, sadly we are just stuck with her in England and myself in the US. The whole situation is unbearable. I do so envy heterosexual relationships and marriages at times, as it is easier for them to be reunited with their loved ones.

Thank you for your help though.

Poppy girl

Unfortunately the US is not in the same mindset as the UK and Australia.

I seem to remeber another thread a few weeks back where this same topic came up, and someone suggested that you try and find a lawyer or law firm in the US, that would possibly take your case on, as a test case to try and get same sex marriage's from outside the US recognised in the immigration world.

It may be too late for that to take place in your circumstances, but it would be a step forward for other's in the future.

Best of luck.

Ray

I had the same problem when I use to drink brandy with my balance..

She may be able to get a B-2 for a six month visit.. not perfect but better than nothing

But Hets can also have problems with this type of move as well
if they background has a problem ...but your right... it is easier ..

Rete

The lack of tolerance for alternate lifestyles offends my sensibilities, as well. I dislike hearing that couples, such as yourselves, have to endure living separate lives because of a minority of vocal Christians who are better served if they mind their own business instead of others.

It boogles the mind that if one of you had a sex change operation you would qualify for a spousal visa. We've seen this done already.

Have her try for a B-2 as Ray mentioned. At least she might be accorded a longer stay in the US than 90 days at a clip.

Folinskyinla

Hi:

Yes, it ain't fair. Unfortunately, the attack of the Dark Forces on the sanctity of marriage has resulted in a piece of Federal Legislation called the "Defense of Marriage Act" which ensconces that attack into Federal law.

If Proposition 8 fails of passage in CA next month [and it takes 2/3 vote], there will be some interesting Federal Constitutional questions which will arise. J Craig Fong and I have had some interesting conversations speculating on the upcoming issues. BTW, feel free to contact them at www.fongandchun.com. J does a fair amount of LGBT work.

On to the merits of your case -- depending on the prognosis including time and the fact you have leave to remain in the UK, and given the length of your relations including your marriage, there does exist a B-2 visa for domestic partners [since the Feds are not allowed to recognize your marriage.] However, this is dependent upon your sojourn to the US being temporary in nature.

Good luck.

Gingerert

I have nothing useful to add, other than that's rotten and I really feel for you.

I hope something changes in the near future and you can live the life most of us have taken for granted.

Trixie_b

TraceyE,

I'm sorry that your Mother and Son are so ill. I hope them the best and that you have the strength to deal with their terrible illness.

Also, I hope that sometime in the future that the US embraces diversity and recognises your commitment to your partner (and vice versa).
Good luck.