I live in the UK, my boyfriend lives in the US, if we get married do I qualify for citizenship under US law?

Question

I live in the UK, my boyfriend lives in the US, if we get married do I qualify for citizenship under US law?
We are both gay, dose the law state that only spouses of heterosexuals qualify, for citizenship?

Answer 1

Gay Marriages
Can a gay marriage (even in a state where these are legal) be the basis for a Form I-130, Petition for Alien Relative, for purposes of immigration? For the purposes of immigration, a marriage's validity is a question of Federal law, not of State law. In 1996, Congress clarified the Federal law concerning recognition of marriage by enacting the Defense of Marriage Act (DOMA), Pub. L. No. 104-199, 110 Stat. 2419 (1996). The DOMA contains a statutory definition of "marriage," and of the related term, "spouse." Pursuant to the DOMA, in order for a relationship to qualify as a marriage for purposes of Federal law, one partner must be a man, and the other must be a woman. This definition applies to the construction of any Act of Congress and to any Federal regulation. The USCIS (United States Citizenship & Immigration Service Agency) must, therefore, administer the Immigration and Nationality Act in light of the DOMA, and cannot recognize the validity of any same sex marriage.


If I were you, I would seriously consider living in the UK.
Here is some info on UK immigration visas for same sex couples: http://www.ind.homeoffice.gov.uk/applying/generalcaseworking/unmarriesandsamesexcouples

More info: http://www.ind.homeoffice.gov.uk/applying/generalcaseworking/marriageorregisteringcivilpartne


Whether a State in the US recognizes it or not, immigration rules are a different thing.
There is also no telling whether a State that now allows it, will in the future. Many States have changed their laws to a NO these past few years.
As a Brit myself, (living in the US) find that the UK accept gay couples easier then the US.
(no offence to the Americans).
Immigration to the US is not easy even for man woman marriage visas (own experience) , so I can imagine it will be even harder for you.
Alternatively if you are not worried where you live as long as you can be together, there are a few countries that allow same sex marriage and makes it easy to immigrate.
All the best :)

Answer 2

There is no automatic right to either country's citizenship through marriage and no automatic right to residence with your partner and anyone who thinks it will be easy is living in cloud cuckoo land. You and your fiance may be the ideal candidates for immigration and settlement but the systems on each side of the Atlantic are designed to root out bogus applicants and for that reason are stringent. I assume that you have a certificate of entitlement to marry in the UK if not that is your first step. Your visa must be appropriate for marriage and settlement in the UK if you intend to stay but I am sure that you have checked that out as you will be marrying soon. If you have all this in order then you will probably be aware of the next steps towards indefinite leave to remain and then finally applying for right of abode or citizenship. The whole process takes several years. If your fiance wants to move to the US then you will need to go through a similar process he will need a visa to enter the US and the settlement steps will require a lot of research into his background, health and ability to support himself before he can enter the US. Once in the US then citizenship can be pursued depending on the laws in place at the time. As to your question, well it is possible to have dual nationality and really how easy it is will depend on how patient you are and whether you can fulfil the requirements at the time you are applying. I believe that others have given you links to the appropriate websites. The rules/laws change so check them out now and keep an eye on the news for any future changes which are almost always more restrictive. Good luck.

Answer 3

Well the gay amrriage thing is still up in arms within the states. But under Immigration and Customs standards if you are legally married to a citizen of the United States, which means that you would have to be married in a state that recognizes gay marriage, you would qualify to obtain US Citizenship, but you will not automatically get citizenship, you will still have to apply for citizenship. Hope this helps

Answer 4

Even if yours was a heterosexual marriage, you would not be eligible for automatic citizenship. You would need right of abode in the form of a permanent resident's visa (green card) which takes up to 2 years to process if you qualify. After seven years of continuous residency, you may then apply for US citizenship.

However, you cannot, as a same-sex spouse, get right of abode in the United States as your marriage will not be recognised in US law as legal. Even if you resided in a state like Massachussetts which recognises same-sex marriages, Massachussetts has no jurisdiction when it comes to immigration. You would have to wait for a change in the federal laws for that, and I think you'd have to wait a long time.

Answer 5

You would have to apply for citizenship in a state that recognizes gay marriage. However, to become a citizen, you must apply for citizenship, file a declaration of intent with the INS, then live in the U.S. for 3 years. Then u interview w/ INS official, and take the exam and then if u pass, u r a citizen.

Answer 6

Unfortunately gay marriages are not recognized in the U.S. If you were involved in a hetero relationship you could qualify for U.S. citizenship after 3 years of marriage to a U.S. citizen but you must live 3 consecutive years in the U.S.A. then you can apply for it.

Answer 7

I'm not gay but I'm from the UK, now living in the USA. my husband is American. if you marry a us citizen, you have to apply for a perm resident status its a very long process costs a lot of money and there is no guarantee you will be accepted. after being a resident for two years you can then apply to become a citizen. this is official USA immigration web site www.uscis.gov (lesroys info is wrong)

Answer 8

you will be entitled to a permant resident card first, then after 5 years or so, you can apply for citizenship... i dont know about your gender or anything else.. this might be a different subject for immigration and political environment..as far as the marriage arrangements..i dont have a clue..sorry..

Answer 9

not sure, why not look at getting your own visa independantly, the you'll have dual citizenship on your own and can choose where to live

Answer 10

wel,gay marriage hasnt really been accepted in all states so we dont really know try getting a visa and coming here and find your way independently