United States v. Windsor
#1
Banned
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Joined: Apr 2013
Posts: 5,154
United States v. Windsor
http://en.wikipedia.org/wiki/United_States_v._Windsor
http://www.supremecourt.gov/opinions...2-307_g2bh.pdf
I am informed that this case now changes federal immigration law with regards to the US not recognizing same sex marriages for immigration purposes.
Has formal guidance yet been issued? Does anyone know?
http://www.supremecourt.gov/opinions...2-307_g2bh.pdf
I am informed that this case now changes federal immigration law with regards to the US not recognizing same sex marriages for immigration purposes.
Has formal guidance yet been issued? Does anyone know?
#3
Re: United States v. Windsor
In itself I do not believe it does, however it certainly clears the way for it to be introduced in CIR.
The problem, thinking longer term, is that the GOP may seek to kill the bill if those changes are introduced.
I wait to be leapt upon
The problem, thinking longer term, is that the GOP may seek to kill the bill if those changes are introduced.
I wait to be leapt upon
Last edited by civilservant; Jun 26th 2013 at 3:43 pm.
#4
Re: United States v. Windsor
I have a sister in law who is very much in love with her foreign born girlfriend. I really, really hope they can get married and her gf can get on the road to citizenship soon.
#5
Re: United States v. Windsor
Effectively it does. DOMA has been ruled unconstitutional and therefore can no longer be enforced.
How long it takes for the effect of the ruling to become part of USCIS working practice is another matter. But in theory a married gay couple could file the I-130 today and the Supreme Court ruling means it should be treated on equal terms as any other.
How long it takes for the effect of the ruling to become part of USCIS working practice is another matter. But in theory a married gay couple could file the I-130 today and the Supreme Court ruling means it should be treated on equal terms as any other.
#6
Re: United States v. Windsor
In theory, until some bigot adjudicator decides to refuse anyway, and is disciplined, and subsequently sues the USCIS for being "forced" to "sanction" gay marriages "against their religion" by approving properly filed same-sex petitions.
#7
Re: United States v. Windsor
I'm not sure how well supported the statistic is but I read somewhere this morning that there are estimates of around 36,000 same sex couples waiting to file. I don't know if that is high or low really.
#8
Re: United States v. Windsor
That really is not going to change the effect of the court ruling. DOMA has been struck down, and as of the time of the SCOTUS ruling in law ceased to exist. What anyone person may and may not decide to do doesn't change the fact that DOMA no longer can guide USCIS decisions. But we can all dream up imaginary situations to enable us to call people names.
#9
Re: United States v. Windsor
That really is not going to change the effect of the court ruling. DOMA has been struck down, and as of the time of the SCOTUS ruling in law ceased to exist. What anyone person may and may not decide to do doesn't change the fact that DOMA no longer can guide USCIS decisions. But we can all dream up imaginary situations to enable us to call people names.
While in a rational world one would hope nothing significant happens, we know that the USCIS has been and can be discriminatory asking more questions of "unusual couples" (e.g. couples of large age differences, race, religions).
#10
Re: United States v. Windsor
I think his point is that while you are right, someone has to go first and we won't really know what will happen until that first petition gets filed and reaches someone's desk.
While in a rational world one would hope nothing significant happens, we know that the USCIS has been and can be discriminatory asking more questions of "unusual couples" (e.g. couples of large age differences, race, religions).
While in a rational world one would hope nothing significant happens, we know that the USCIS has been and can be discriminatory asking more questions of "unusual couples" (e.g. couples of large age differences, race, religions).
#11
Re: United States v. Windsor
Yep someone always has to be first. But it is just as likely as the scenario suggested that USCIS treat the first ones with kid gloves and make sure they leave no room for criticism. But we can all dream up likely outcomes to fit our own views, none of which are any more likely than any other.
One thing I've seen mentioned elsewhere which I thought interesting though I don't know if it applies to USCIS is that some agencies (apparently IRS and SSN) only care where a couple is living now rather than where the marriage took place. So if they move to live in a state that does not recognize same sex marriages then tough. I would have thought as USCIS recognize marriages from overseas (with certain provisos) then it wouldn't matter if the same sex couple now lived in a state that didn't.
#12
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Joined: Jun 2013
Posts: 1
Re: United States v. Windsor
My spouse and I are contemplating being one of the first to attempt this. We are Canadian citizens and have been married for 3 years, together for 8. I have sponsorship for a TN VISA, and my partner WAS going to get a B2-Cohabitating, but now the TD VISA seems much more appropriate. Also the B2 requires a waiting & processing time while the TD can be acquired at the port of entry (no time apart, yay!!)
We are worried though that they may somehow reject us with prejudice and are considering just sticking to the B2 to keep things simple. What do you guys think?
We are worried though that they may somehow reject us with prejudice and are considering just sticking to the B2 to keep things simple. What do you guys think?
#13
Re: United States v. Windsor
I, personally, wouldn't go out of my way to be the first to try anything. You pay your money and you take your chance.
#14
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Joined: Apr 2009
Location: Berkeley, CA
Posts: 927
Re: United States v. Windsor
Go for it.
#15
Re: United States v. Windsor
My spouse and I are contemplating being one of the first to attempt this. We are Canadian citizens and have been married for 3 years, together for 8. I have sponsorship for a TN VISA, and my partner WAS going to get a B2-Cohabitating, but now the TD VISA seems much more appropriate. Also the B2 requires a waiting & processing time while the TD can be acquired at the port of entry (no time apart, yay!!)
We are worried though that they may somehow reject us with prejudice and are considering just sticking to the B2 to keep things simple. What do you guys think?
We are worried though that they may somehow reject us with prejudice and are considering just sticking to the B2 to keep things simple. What do you guys think?