MLJ123

Hi all, I'm new to this forum.

Apologise for long post. Any advice will be greatly appreciated.

I'm from the UK and have been speaking to another guy from America for the better part of 3 years now. We spoke regularly through Skype/E-Mail and got on really well. It was nice to speak to another gay person and even nicer to speak to somebody from America (I love that place)

Last year I had some problems and he was there for me. He cheered me up, gave me advice and was so caring it was lovely. I then realised I had feelings for him but didn't bother telling him as I was doubtful we'd ever be together with the distance.

Christmas I was so lonely and liking somebody not even in the same country made me worse so I was desperate to meet somebody. However I was fine once Christmas came and gone (think it was a case of SAD) and that was that. I realised that I've fallen for this guy.

He then asked me if I wanted to a visit him for the first time. I wasn't really sure what to do but after some thinking I did probably the most spontaneous thing ever and booked last minute tickets and flew out to America to meet him! It was amazing We got on so well in the week and it felt as though I've known him for years and years. We fell in love and I didn't want to come back to the UK.

When I did come back I thought maybe I should cut all ties with him as I thought it'd be extremely difficult to speak to him and not being able to just see him when I want. I missed him so much and it really broke my heart speaking to him. It's hard to explain how I was feeling I just thought the best bet is to try and forget about him and meet somebody else in this country or something. So I cut all ties with him which broke his heart. We didn't speak for a few days and I was so upset, I felt like I've just come out of a long term relationship we got on that well. He then surprised me by asking me to marry him! I thought about that and realised he could very well be the one and that I'm not going to throw it away because of distance. I know it probably comes across as possibly far fetched, slightly naive and whatever else but it all just felt right. I can't express how it feels.

So as I said, I do love America so we've agreed I'd quite happily move there with him in the future. I don't need any advice on getting engaged too soon or moving away too soon either. We've been speaking for a few years and when we finally met it just felt right. The advice I need is how to move there. I'm not planning on going for a while yet so I'm just researching at the moment but I know my best option is the visa way of marrying a US citizen. However I'm not sure this still applies to same sex marriages?

Michael

Unfortunately currently the federal government doesn't recognize same sex marriage for immigration visas (only some states allow and recognize same sex marriage).

If you want to be together in the US, your best way would be to try to get a company transfer (L1 visa) or a skills visa (H1-B) and stipulate with your employer that they will sponsor you for a green card.

MLJ123

That's really unfair. I take both of them options are difficult to obtain?

Giantaxe

Why not have him move to the UK? Especially if the single-sex marriage legislation passes, as it looks it will.

Michael

Yes it is but in the US, each of the states are almost like their own country and until about 2/3rds of the states allow same sex marriage, it will be unlikely that there will be a federal law recognizing and allowing same sex marriage and therefore immigration benefits.

Currently there are about 10 states that recognize and allow same sex marriage and another 10 that have partial rights to same sex couples.

http://en.wikipedia.org/wiki/File:Sa...age_in_USA.svg

Bob

The UK, third party country....or work/student based visa are your options, unfortunately.

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

Good luck!

Apfelkuchen

Just to clarify this, while I know that the UK grants partner visas on the basis of same-sex relationships, is there any need for the couple already to be living together when the visa is applied for?

One requirement appears to be that you can prove the relationship to be 'genuine and subsisting' and UKBA (http://www.ukba.homeoffice.gov.uk/vi...apply/genuine/) says: 'If your relationship is genuine and subsisting, we would expect you to be able to show evidence that you:

*are in a current long-term relationship;
*are living together with your partner;
*[...]'

The phrase 'we would expect you' seems to me to leave room for flexibility of enforcement but does anybody know for sure what the answer is? Though even if living together is not essential, since the OP and his partner have just got together they might have to wait some time before being able to demonstrate a long-term relationship.

ian-mstm

Alas, the US government doesn't much care whether or not their laws are unfair or inconvenient to foreigners. Until the law changes, this is what you must deal with. So, since you can't get to the US via a family-based visa, that leaves either an employment-based or investment-based visa. Bob already posted a link to get you started.

Ian

henryh

US immigration attorney J Craig Fong, an old friend of this forum, specializes in figuring out the options for same-sex couples. You could contact him for a brief phone or email consultation which wouldn't cost much.

kimilseung

Keep your attention on US immigration reform process as it will be part of the debate.

The Uniting American Families Act has not had a very successful history over the years, but keep an eye on House rep Jerry Nadler of NY, he is one of the pushers for change. Even a few Republicans have spoken in favor of changes.

henryh

Not necessarily - it really depends on your professional background, skill set and circumstances. If you give us a bit more information about your education and what you've been doing for a living, we might have a better idea. Or, as I mentioned, talk to Mr Fong who will help you explore all those options. It looks like he will give a free 45-minute initial consultation.

civilservant

Without wanting to take the thread in another direction, just because it passed the Commons dosent mean the Lords won't kick it into the long grass. My suspicion is they will.

LinkTen

As others have mentioned, same sex marriage is not recognised by US immigration. You'll need to fall into a different visa if you wish to move to the US. These include having $500k to invest, studying ($$$) or getting a H-1B sponsor (a degree is required, or at least 12 years experience). Post your education/work experience and people maybe able to spot a visa that is suitable.

One of the proposed immigration reform proposals flying around at the moment involves same sex marriage, so it may be worth keeping an eye on that. I'm unsure of the likelihood of anything happening, but the attitude towards it seems to be that if it is going to happen, it will happen this year.

MLJ123

Any idea's of how I contact him please?

henryh

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