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Old 06-26-2013, 12:52 PM
 
Location: Phila Pa
2,187 posts, read 1,503,837 times
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Immigration law recognizes married couples based on place of celebration and not state of residence. Couples who marry in a state or country that allows same sex marriage can now file for a green-card even if they live in state that has banned same sex marriage.

Lesbian & Gay Couples Eligible for Green Cards Following Supreme Court Decision on Defense of Marriage Act | Immigration Equality
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Old 06-26-2013, 06:44 PM
 
Location: Brighton, England
3,697 posts, read 3,886,121 times
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well good, they should have been able to do that from the start, if straight couples can so should they. there is so many same sex couples that had to leave america just so they can live together, often moving to poorer coutries, now they can come back. theres also tons of people who had to end their relationships because they couldt bring their fiancee to america, which was unfair.
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Old 06-27-2013, 01:27 PM
 
59 posts, read 90,364 times
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As a straight married woman and immigration professional, I say "About time." Since immigration is federal law and same-sex marriages or civil unions are allowed in many countries, there should be no obstacles now for spouses of U.S. citizens or those who are in the green card process via employment.

Ultimately, there is no logical reason - outside of one's prejudices or religious beliefs - to deny equal rights to two consenting adults who are willing to commit to each other, no matter what their genders may be. Since the U.S. is a secular government where the law of the land is the U.S. Constitution and not a holy text, the 14th Amendment's Equal Protection Clause clearly mandates that all people be given the same rights and privileges which naturally extend to marriage which is a contract between the government and two consenting adults.
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Old 06-28-2013, 10:39 AM
 
Location: Phila Pa
2,187 posts, read 1,503,837 times
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There are an estimated 35,000 bi-national gay couples living in the US. Many of them even though married were under deportation proceedings which have now been halted, and they can apply for a green card.
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Old 06-29-2013, 08:19 AM
 
Location: NoVA
836 posts, read 1,031,989 times
Reputation: 1610
Quote:
Originally Posted by NCgirl2LVNV View Post
As a straight married woman and immigration professional, I say "About time." Since immigration is federal law and same-sex marriages or civil unions are allowed in many countries, there should be no obstacles now for spouses of U.S. citizens or those who are in the green card process via employment.

Ultimately, there is no logical reason - outside of one's prejudices or religious beliefs - to deny equal rights to two consenting adults who are willing to commit to each other, no matter what their genders may be. Since the U.S. is a secular government where the law of the land is the U.S. Constitution and not a holy text, the 14th Amendment's Equal Protection Clause clearly mandates that all people be given the same rights and privileges which naturally extend to marriage which is a contract between the government and two consenting adults.
Well... regardless of how one feels about gay marriage, the fact of the matter is that there are plenty of "categories" of marriage that USCIS recognizes for immigration purposes that the general public cringes at the thought of.

Polygamy and inbreeding to start with. Although neither is allowed in the states, there is nothing in the law which stops a polygamous person who wins the diversity visa from divorcing and petitioning for as many wives as he wants. It's unofficial polygamy.

Generally, if the marriage is legal in the jurisdiction where it took place, USCIS recognizes it. Marrying your 1st cousin is illegal in most states, but it's common practice in India and in other parts of the world. USCIS will recognize those as valid.

But to be perfectly honest... adjudicating a gay/straight marriage poses some unique problems for the interviewing officer.

There's a phrase that starts with f and ends with hag which will complicate matters greatly. The truth is that a true hag will know her male bestie better than perhaps even his partner. So when you have a single gay male who lives in a state that does not validate gay marriage, she will step up to the plate and it will complicate matters. That TV show Will and Grace, is fictional, but it's based on reality. Both lead females on that show knew both males better than any of their partners. And it's not all that uncommon.

Unofficially, USCIS has been letting these relationships slide, depending on the officer.

Now that gay may be recognized as valid for immigration purposes (it still is not yet, but it will be soon), when a sympathetic officer runs into one of these relationships, what are they to do? Do they let it slide, or do they unofficially force the person to get married to another gay person because they know the person in front of them is same sex oriented while the other is straight and must deny the application?

What about metro sexuals? Those who claim that they're straight but conduct themselves in the opposite of their "normal" gender role?

What about bi's?

Someone who is bi, marries a same sex person, then two years later divorces them, and re-marries a straight person. By all outward appearances it looks like marriage fraud.

Which sort of folds into the problem with immigration to the US. There is no way for a hair dresser to get a green card, so they marry a citizen. On one hand, I'm sympathetic for the person who wants to live in the US. But on the other hand, how many cashiers and hair dressers does the world need? And why should someone be allowed to have a green card when they have nothing to offer the country economically, and instead immigrate through a lower taxed sex contract? (aka marriage)

USCIS should not have to adjudicate sexuality.

But now, they will have to because of this ruling.

Like I said, regardless of how one feels about gay marriage, for immigration purposes, this ruling has really complicated issues and opened up the door to a whole host of issues that the Justices don't seem to have considered when issuing it.
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Old 06-29-2013, 12:08 PM
 
Location: Phila Pa
2,187 posts, read 1,503,837 times
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It is still not yet you say?

First Time in U.S. History: Approval of a Green Card Petition For a Married Same-Sex Couple

VICTORY! Gay Couple in Florida Receive Approval of Marriage-Based Green Card Petition Featured The DOMA Project
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Old 06-29-2013, 05:21 PM
 
Location: Oakland, CA
939 posts, read 1,087,538 times
Reputation: 744
Quote:
Originally Posted by mrskay662000 View Post
There's a phrase that starts with f and ends with hag which will complicate matters greatly. The truth is that a true hag will know her male bestie better than perhaps even his partner. So when you have a single gay male who lives in a state that does not validate gay marriage, she will step up to the plate and it will complicate matters. That TV show Will and Grace, is fictional, but it's based on reality. Both lead females on that show knew both males better than any of their partners. And it's not all that uncommon.

Unofficially, USCIS has been letting these relationships slide, depending on the officer.
I'm not sure what your point is. Opposite-sex platonic best friends have been duping the USCIS for years. With the fall of DOMA, now same-sex friends can do the same. How is the USCIS being forced to adjudicate sexuality any more than they were in the past? And not all marriages have been based on mutual love and sexual attraction, I'm thinking about arranged marriages, for example. The USCIS still has to approve these marriages.
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Old 06-29-2013, 06:39 PM
 
Location: Chicago area
1,101 posts, read 2,459,192 times
Reputation: 2076
Yay! It was about time! I've heard of too many stories were people in long term committed relationships could not live together because of immigration laws. I'm so happy that we're making so much progress in regards to equality. I hope it will spread to other areas as well.
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Old 06-29-2013, 07:25 PM
 
Location: Chicago area
1,101 posts, read 2,459,192 times
Reputation: 2076
Quote:
Originally Posted by mrskay662000 View Post
Well... regardless of how one feels about gay marriage, the fact of the matter is that there are plenty of "categories" of marriage that USCIS recognizes for immigration purposes that the general public cringes at the thought of.

Polygamy and inbreeding to start with. Although neither is allowed in the states, there is nothing in the law which stops a polygamous person who wins the diversity visa from divorcing and petitioning for as many wives as he wants. It's unofficial polygamy.

Generally, if the marriage is legal in the jurisdiction where it took place, USCIS recognizes it. Marrying your 1st cousin is illegal in most states, but it's common practice in India and in other parts of the world. USCIS will recognize those as valid.

But to be perfectly honest... adjudicating a gay/straight marriage poses some unique problems for the interviewing officer.

There's a phrase that starts with f and ends with hag which will complicate matters greatly. The truth is that a true hag will know her male bestie better than perhaps even his partner. So when you have a single gay male who lives in a state that does not validate gay marriage, she will step up to the plate and it will complicate matters. That TV show Will and Grace, is fictional, but it's based on reality. Both lead females on that show knew both males better than any of their partners. And it's not all that uncommon.

Unofficially, USCIS has been letting these relationships slide, depending on the officer.

Now that gay may be recognized as valid for immigration purposes (it still is not yet, but it will be soon), when a sympathetic officer runs into one of these relationships, what are they to do? Do they let it slide, or do they unofficially force the person to get married to another gay person because they know the person in front of them is same sex oriented while the other is straight and must deny the application?

What about metro sexuals? Those who claim that they're straight but conduct themselves in the opposite of their "normal" gender role?

What about bi's?

Someone who is bi, marries a same sex person, then two years later divorces them, and re-marries a straight person. By all outward appearances it looks like marriage fraud.

Which sort of folds into the problem with immigration to the US. There is no way for a hair dresser to get a green card, so they marry a citizen. On one hand, I'm sympathetic for the person who wants to live in the US. But on the other hand, how many cashiers and hair dressers does the world need? And why should someone be allowed to have a green card when they have nothing to offer the country economically, and instead immigrate through a lower taxed sex contract? (aka marriage)

USCIS should not have to adjudicate sexuality.

But now, they will have to because of this ruling.

Like I said, regardless of how one feels about gay marriage, for immigration purposes, this ruling has really complicated issues and opened up the door to a whole host of issues that the Justices don't seem to have considered when issuing it.
What the heck are you talking about? The job of a CIS officer is no different now than in the past. Their job is to detect fraudulent marriages that were entered into as a means to get a green card. This could be done by both hetero or homosexual people. Friends marrying has not and will not be accepted in the future. There are ways to determine whether a couple petitioning for a green card are in a legitimate marriage or not that does not include determining what sexuality someone is. There is much more to it than if someone "seems gay" or not.

As to your comment about hairdressers and cashiers marrying citizens you clearly forget an important part of the equation - the citizen. Marriage based green cards do not exist as a way for unskilled people to get in through the backdoor, but exists to provide citizens the freedom to marry and create a life with whomever they choose. If Joey meets a nice girl while on vacation to Germany and he wants to spend the rest of his life with her the US government do not believe that they should stand in the way of that as long as the German girl will not pose a problem to the US. These green cards do not exist for the benefit of the immigrant or the country but for the American citizens. I find it troubling that you believe that the government should be able to dictate who a citizen can marry and live with based on the skills or education of his or her chosen spouse.
Despite what you seem to believe the vast majority of marriage based green cards are applied for and provided to legitimate couples, not friends who are trying to scam the government.
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