S.F. gay married couple loses immigration battle

  • metta

    Posts: 39150

    Aug 09, 2011 4:19 PM GMT

    [quote]
    Citing the Defense of Marriage Act, the Obama administration denied immigration benefits to a married gay couple from San Francisco and ordered the expulsion of a man who is the primary caregiver to his AIDS-afflicted spouse.

    [/quote]


    http://alturl.com/5zgts

    http://www.sfgate.com/cgi-bin/article.cgi?f=%2Fc%2Fa%2F2011%2F08%2F08%2FBAO71KKPEC.DTL&type=gaylesbian
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    Aug 09, 2011 6:30 PM GMT
    There marriage was not valid in San Francisco b/c there were married in Boston. The passage of the cat clearly stated that the married would only be valid if the remained and are a resident of Mass. They had to fallow the letter of the law. READ THE LAW regarding same sex marriages in each state that has them. UGH!
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    Aug 09, 2011 6:38 PM GMT
    southbeach1500 said
    Ducky47 saidThere marriage was not valid in San Francisco b/c there were married in Boston. The passage of the cat clearly stated that the married would only be valid if the remained and are a resident of Mass. They had to fallow the letter of the law. READ THE LAW regarding same sex marriages in each state that has them. UGH!


    Federal law is what is relevant here as it is an immigration issue.


    This but the fact of the matter is this has nothing to do with marriage or anything but equality. So because I am gay I have to marry someone within the United States? I cant love someone outside of this country? Bullshit!
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    Aug 09, 2011 6:54 PM GMT
    Funny, but Obama certainly managed to grant his illegal immigrant aunt asylum to stop her deportation.

    Disgusting display of inhumanity here, par the course for this administration.
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    Aug 09, 2011 6:58 PM GMT
    Another factor is when they got married his partner may not have been granted citizenship, or he may never applied for citiizenship, he may have been here on an expired visa or passport. If that's the case he’s illegally.



    The Department of immigration can't have one set of rules for some and another set for gay men,it just does not work that way. An ex roommate went through the same thing with his ex lover. He was here on student Visa and he was deported because he was no longer in school and he was working and his visa had been expired for over two years. He got the boot. It was terrible. I feel for this couple.

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    Aug 09, 2011 7:30 PM GMT
    haha. i like how they throw these into the article to give it a little more character:

    "Bradford Wells hugs husband Anthony John Makk (right). Makk is the primary caregiver for the AIDS-afflicted Wells."

    "Bradford Wells, a U.S. citizen, and Anthony John Makk, a citizen of Australia, were married seven years ago in Massachusetts. They have lived together 19 years, mostly in an apartment in the Castro district. The U.S. Citizenship and Immigration Services denied Makk's application to be considered for permanent residency as a spouse of an American citizen, citing the 1996 law that denies all federal benefits to same-sex couples."
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    Aug 09, 2011 7:40 PM GMT
    http://www.immigrationequality.org/clippings/defense-of-marriage-act-threatens-his-citizenship/

    "A spokeswoman for the Immigration and Customs Enforcement agency could not comment on the San Francisco case and said no action has been taken because Makk still has a valid visa."

    DOMA needs to be repealed. I don't like it anymore than the next guy, but how can I expect the executive branch to just disregard a law when I was up in arms about the Bush administration repeatedly doing it? The fact that it would benefit me doesn't help.
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    Aug 09, 2011 7:46 PM GMT
    southbeach1500 saidWhich is exactly what was supposed to happen. The guy from Australia is not here legally (being married in a particular state does not confer legality in the eyes of USCIS).

    But not to worry... Obama's views are "evolving" on gay marriage, so make sure you vote for him in 2012! icon_rolleyes.gif


    Please read the article carefully before making unsubstantiated and inaccurate comments.

    From the article:

    "Makk meets several of the circumstances specified in the memorandum. Aside from being a spouse of an American citizen, he is also the primary caretaker of a citizen, has no criminal history, and has legally resided in the country under various visas for many years."
  • Aquanerd

    Posts: 845

    Aug 09, 2011 7:52 PM GMT
    adam228 saidhttp://www.immigrationequality.org/clippings/defense-of-marriage-act-threatens-his-citizenship/

    "A spokeswoman for the Immigration and Customs Enforcement agency could not comment on the San Francisco case and said no action has been taken because Makk still has a valid visa."

    DOMA needs to be repealed. I don't like it anymore than the next guy, but how can I expect the executive branch to just disregard a law when I was up in arms about the Bush administration repeatedly doing it? The fact that it would benefit me doesn't help.


    Careful, my friend. That kind of thinking is not taken kindly here.

    What I love is the fact the Obama administration has specifically denied waiving the law in this case, after stating that it would look the issue on a case by case basis. So, Barry etal, know all about this couple and still are sending the Aussie home. When will the Gay Community understand that Barry only cares about you vote? After he gets that, we can go to hell.
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    Aug 09, 2011 8:05 PM GMT
    What else could have been expected of Obama? He's been -mostly- very disappointing on LGBT related issues. I guess he needs more time to evolve and in the mean time it's OK to tear people apart and destroy lives (turtle-paced DADT repeal, splitting couples via deportation, he even supported DOMA in the courts)
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    Aug 09, 2011 8:26 PM GMT
    southbeach1500 said
    cityaznguy said
    Please read the article carefully before making unsubstantiated and inaccurate comments.

    From the article:

    "Makk meets several of the circumstances specified in the memorandum. Aside from being a spouse of an American citizen, he is also the primary caretaker of a citizen, has no criminal history, and has legally resided in the country under various visas for many years."


    The "memorandum" is not the law, rather, it is a bureaucrat legislating via interpretation.

    The law is clear (please read it - I have).


    wait wait wait, back the fuck up ho. You can read?

    Since when? You have never demonstrated this on the forums.
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    Aug 09, 2011 8:30 PM GMT
    southbeach1500 said
    Ducky47 saidAnother factor is when they got married his partner may not have been granted citizenship, or he may never applied for citiizenship, he may have been here on an expired visa or passport. If that's the case he’s illegally.



    The Department of immigration can't have one set of rules for some and another set for gay men,it just does not work that way. An ex roommate went through the same thing with his ex lover. He was here on student Visa and he was deported because he was no longer in school and he was working and his visa had been expired for over two years. He got the boot. It was terrible. I feel for this couple.




    I've been dealing with the horror that is the United States Customs and Imigration Service and the State Department for over a year now trying to get a European to be able to come here to work on a temporary project under the H-1B visa.

    The guy isn't a terrorist - he's never even got a speeding ticket, he's not coming here to go on welfare - he's got a $55k/yr job waiting for him here, yet the delays and massive bureaucracy with all the convoluted departments and agencies that need to do the exact same background checks (on both the European guy AND our company) is horrifying.

    The entire U.S. Immigration system is broken. Did any of you know that any non-citizen coming here - even if they are just coming for a 1 week vacation, are viewed by the U.S. Customs and Immigration service as "likely illegal immigrants" and that you need to prove that you have "sufficient ties" (they never really define what "sufficient" is) to your home country before you can get a visa?

    But back to this particular topic... it's clear that these two individuals either:

    a) had no knowledge of U.S. Immigration law

    or

    b) thought they would somehow be able to get around U.S. Immigration law.

    The only people who aren't subject to U.S.Immigration law are those that come here illegally. Those that try and play by the rules are tormented by the bureaucracy and ultimately denied entry / deported.


    This nightmare that SB is describing is indeed a big hell to try go through. That's even besides having to deal with the dept. of Labor before going back to the USCIS to get the actual paperwork in. I work for an American company too. I ended up living in Canada. Go figure.
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    Aug 09, 2011 8:42 PM GMT
    southbeach1500 said
    cityaznguy said
    Please read the article carefully before making unsubstantiated and inaccurate comments.

    From the article:

    "Makk meets several of the circumstances specified in the memorandum. Aside from being a spouse of an American citizen, he is also the primary caretaker of a citizen, has no criminal history, and has legally resided in the country under various visas for many years."


    The "memorandum" is not the law, rather, it is a bureaucrat attempting to legislate via interpretation.

    The law is clear (please read it - I have).


    Are you their attorney and therefore know every single detail regarding their case?
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    Aug 09, 2011 8:42 PM GMT
    Finish the sentence:

    Why can't Southbeach find an *American* to work for him?....

    There's a prize for the most most entertaining answer :-)
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    Aug 09, 2011 8:55 PM GMT
    southbeach1500 said
    cityaznguy said
    southbeach1500 said
    cityaznguy said
    Please read the article carefully before making unsubstantiated and inaccurate comments.

    From the article:

    "Makk meets several of the circumstances specified in the memorandum. Aside from being a spouse of an American citizen, he is also the primary caretaker of a citizen, has no criminal history, and has legally resided in the country under various visas for many years."


    The "memorandum" is not the law, rather, it is a bureaucrat attempting to legislate via interpretation.

    The law is clear (please read it - I have).


    Are you their attorney and therefore know every single detail regarding their case?


    I know the law and clearly more about the law than you do.

    If you had even read the law, you would know that USCIS does not allow an alien to remain in the USA in legal status (beyond any currently valid stay) based on a marriage between the alien and a U.S. citizen of the same sex. Period.



    The most disgusting thing about this SouthBeach, is not only are you a fatass on a fitness forum who clearly isnt into fitness, but you also dont care about the double standard that same sex couples face in this country today. This is a horrible case of discrimination, and just because the law says so does not mean it is right.

    Just like it was the law that blacks were to be enslaved, it didnt mean that it was the right thing to do.

    Dipshit!
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    Aug 09, 2011 9:04 PM GMT
    southbeach1500 said
    Chainers saidThe most disgusting thing about this SouthBeach, is not only are you a fatass on a fitness forum who clearly isnt into fitness, but you also dont care about the double standard that same sex couples face in this country today. This is a horrible case of discrimination, and just because the law says so does not mean it is right.

    Just like it was the law that blacks were to be enslaved, it didnt mean that it was the right thing to do.

    Dipshit!


    Blah blah blah



    Oh I get it, so instead of offering sympathy to the pro-gay side of the argument, you just want to play devils advocate and go against them, which happens to not be the anti-gay side. So its not that your anti-gay, its that your anti the issues that the pro-gay side is on.

    I get it. Your moronic.
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    Aug 09, 2011 9:06 PM GMT
    It sounds like most of us all agree what SHOULD occur, but many of us just want to get political (yet again) about this, rather than comment on the story itself.

    As a (legal) Australian, engaged to "US American" (icon_smile.gif), I feel I'm qualified to comment: This is a sad story and one we will look back on in years to come and think how could we have been so stupid. For all the Europe-bashing that Americans love to do, you must admit that Spain, The Netherlands, etc get this right where their government protects the people (and laws are created with a sense of compassion). Thumbs down to every lawmaker in the US on this one.
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    Aug 09, 2011 9:09 PM GMT
    Doughboy strikes back

    pillsbury.jpg
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    Aug 09, 2011 9:10 PM GMT
    Lostboy saidDoughboy strikes back

    pillsbury.jpg


    Who is this? Southbitch?
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    Aug 09, 2011 9:16 PM GMT
    southbeach1500 said
    Chainers said
    southbeach1500 said
    Chainers saidThe most disgusting thing about this SouthBeach, is not only are you a fatass on a fitness forum who clearly isnt into fitness, but you also dont care about the double standard that same sex couples face in this country today. This is a horrible case of discrimination, and just because the law says so does not mean it is right.

    Just like it was the law that blacks were to be enslaved, it didnt mean that it was the right thing to do.

    Dipshit!


    Blah blah blah



    Oh I get it, so instead of offering sympathy to the pro-gay side of the argument, you just want to play devils advocate and go against them, which happens to not be the anti-gay side. So its not that your anti-gay, its that your anti the issues that the pro-gay side is on.

    I get it. Your moronic.


    No, you don't get it at all.

    I'm explaining to those capable of understanding that USCIS does not bend rules at all, that the immigration law is extremely unfair as it presumes any non-citizen trying to come into this country legally to be a future illegal alien, that USCIS is a bloated bureaucratic monstrosity that has ruined countless millions of lives of people trying to come here legally and that the gay couple from San Francisco either knew nothing of immigration law or thought they could somehow get around it.


    Yes because laws never get repealed. Stop being a fucktard (this is ok right T?) Jesus christ its just an article about how the law is not fair, and you go and bitch and moan about how everything is all humidity dory.

    Go die in a fire dirtbag!
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    Aug 09, 2011 9:20 PM GMT
    southbeach1500 said the immigration law is extremely unfair as it presumes any non-citizen trying to come into this country legally to be a future illegal alien, that USCIS is a bloated bureaucratic monstrosity that has ruined countless millions of lives of people trying to come here legally and that the gay couple from San Francisco either knew nothing of immigration law or thought they could somehow get around it.


    I agree with the part I highlighted.
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    Aug 09, 2011 9:41 PM GMT
    What I find interesting is that there is a guy here who endorses this. Who is totally anti gay. Who is happy that this gay couple is being separated. And he tries to blame it personally on President Obama, which is his mission here. To disrupt us, destroy this site, create havoc as he can. Only problem is, he's rather heavy-handed & obvious. So sorry. icon_biggrin.gif
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    Aug 09, 2011 10:11 PM GMT
    Something each of you reading this can do:

    I'm not sure how effective this petition will be, but it takes less than a minute to sign and will be sent to the President, Congress, and Department of Homeland Security

    Sign this petition:
    http://www.change.org/petitions/stop-the-deportation-of-anthony-john-makk-and-stop-defending-doma
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    Aug 09, 2011 10:17 PM GMT
    citpolo saidSomething each of you reading this can do:

    I'm not sure how effective this petition will be, but it takes less than a minute to sign and will be sent to the President, Congress, and Department of Homeland Security

    Sign this petition:
    http://www.change.org/petitions/stop-the-deportation-of-anthony-john-makk-and-stop-defending-doma


    Thanks bud for posting this.

    Guys please sign this! I'm going to post this link to my facebook as well.
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    Aug 09, 2011 10:21 PM GMT
    southbeach1500 said
    citpolo saidSomething each of you reading this can do:

    I'm not sure how effective this petition will be, but it takes less than a minute to sign and will be sent to the President, Congress, and Department of Homeland Security

    Sign this petition:
    http://www.change.org/petitions/stop-the-deportation-of-anthony-john-makk-and-stop-defending-doma



    I oppose signing the petition because it gives preferential treatment to one person over the hundreds of thousands (yes, that is the real number) of people who are legally trying (and going through hell in doing so) to come into this country right now.



    Shut up, betch!