i am american and i want to go to boston and marry my girlfriend but she isn't american and she dont want to be deported because in her country gays are not allowed.
2006-07-14 10:14:11 · 13 answers · asked by sunshine 1 in Society & Culture ➔ Cultures & Groups ➔ Lesbian, Gay, Bisexual, and Transgender
my gf is from the us but i was born in mexico (raised in the us) i have a resident card and on my way to be a us citizen. my parents are us citizens, which made becoming a us citizen much faster and easier.maybe you should start the paperwork for her.
2006-07-14 11:18:18 · answer #1 · answered by mary. 2 · 1⤊ 0⤋
I would say No - The United States relies on the states to regulate marriage - the marriage act though a constitutional amendment did not pass and Article 10 of the constitution allows all powers not delegated to the federal government to the states - so States control marriage laws
Massachusettes has marriage law requirments of residency so if u want to move to Mass and live then it would be a rcognized marriage after the time has passed for residency but at the same time there would be an issue of a federal roadblock -- Since the in defense of marriage act did not pass it may be possible
But the bigger issue is if the federal government will not deport your spouse even if recognized until the citizenship is processed or the application complete - I dont know how easy the government will make it and Massachusettes can not make your spouse gf a citizen ---
SO this is a quandry - seems like the Mass laws really only benefit current citizens of the USA
I don't think so but I will look into more research - interesting question - but i think maybe the individual needs to seek naturalization independently or permanent residency
2006-07-14 11:44:22 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Congress made it very clear, since confirmed by the President's office, that immigration law (federally controlled) will not recognize any same-sex marriage for the purposes of immigration.
If two women both citizens of the Netherlands married in Amsterdam, and wanted to move here, they would each need to establish a valid work or other visa. It's no different for your girlfriend.
There is a chance that a law currently introduced in congress might pass - that requires immigration policy to be amended to take into account a domestic partnership that might exist between an American citizen and a foreign national. This would not be recognizing marriage, and would not confer any other federal benefits on the couple, but it would allow the foreign national to immigrate on grounds of a pre-existing partnership.
If you want to see this pass, contact your Senators and Congress man/woman and demand they support this change. And tell your friends/relatives to do the same thing. This type of change only occurs if we constantly nag our representatives. So call, email, fax - and do it often, not just once!
2006-07-14 14:19:33 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Sorry, Immigration Law only recognizes marriage between a man and woman due to the Federal Defense of Marriage Act.
Your girlfriend may have an asylum claim since she fears going home due to her sexual orientation. She should really check with an Immigration attorney
2006-07-18 08:04:45 · answer #4 · answered by isobostonfun 2 · 0⤊ 0⤋
No, and you can't be deported from your own country,it's exiled. Immigration is separate from marriage, I don't think U.S. immigration policy would allow it. I'm sure the current administration had codified it, being the bigoted ignorant group they are, though I'm not positive. contact the Boston Gay Lesbian Switchboard for some referrals.
2006-07-14 10:18:58 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Because of DOMA , the federal Defense Of Marriage Act signed by Clinton, it won't fly. I don't know what the rules are in Canada, but if the risk is serious enough you might look into it. Or consider going back with your partner, again depending on where she's from.
2006-07-15 03:36:36 · answer #6 · answered by Atropis 5 · 0⤊ 0⤋
I believe that this would be the first step for her to become a "resident alien" but I'm not 100% sure.
Talk to your local immigration officer, they should be able to help.
Good luck to the both of you and congrats on the upcoming nuptuals!
2006-07-14 10:48:53 · answer #7 · answered by Anonymous · 0⤊ 0⤋
look to your local Marriage Equality for some advice or try asking office of immigration.
2006-07-14 10:18:18 · answer #8 · answered by cj 2 · 0⤊ 0⤋
hmm good question cuz im an american and my gf is from another country....ill check back and see what your answers are
2006-07-14 10:16:29 · answer #9 · answered by orange_crush_05 6 · 0⤊ 0⤋
Maybe in the right state but I don't think so. Don't you like guys too?
2006-07-14 10:17:24 · answer #10 · answered by kyeann 5 · 0⤊ 0⤋