US Gay Rights: "Marriage" and immigration

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    Apr 09, 2010 2:56 PM GMT
    I asked this question on Yahoo answers some time last year and was lambasted by lots of American (sorry, but it's true) nuts who took delight in telling me how conservative the land of the free is (a few also suggested I find Jesus), but ...

    Let's say I, a British man (no shit) was "married" (or civil partnered) to another man, and was offered a job in New York. Is there anything in US immigration law that would allow my partner to join me over there?

    I assume if I was married to a woman, she (and my kids, if any) would automatically be granted residency of sorts?

    Aren't there any sort of loopholes that would allow for a civil partnership, if recognised in another country, to be recognised in the US as such?

    If not, it baffles me, seriously, because, whilst I take the piss out of yanks, just for fun, (Geordie humour - google it), I do actually have a lot of respect for the country.

    In many ways, the US probably paved the way for gay rights across the world (I've seen that Stonewall movie and I know of Tales in the City, even if I never read the books or watched the TV show).

    Why so backward in this respect??
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    Apr 09, 2010 3:16 PM GMT
    My best friend is being deported in three years when his work visa expires. I offered to marry him, but it really would do shit. His lawyer told him that marriage, a civil union, or a domestic partnership would just add anecdotal strength to his appeal but nothing legally meaningful.

    His brother and sister came to this country and married Americans and have families now. His love and his family, however, would be totally insignificant. This makes me so angry I can't discuss it rationally.
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    Apr 09, 2010 5:24 PM GMT
    You mean marry him in/under the rules of his own country?
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    Apr 09, 2010 5:49 PM GMT
    Gay rights in the USA are worse than in many "third world" countries.

    it is one truly retarded element of the culture.
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    Apr 09, 2010 6:10 PM GMT
    Brit_Bloke saidYou mean marry him in/under the rules of his own country?


    Nope. He wants to remain in the US with his family, friends, and career. So, it is under the US' draconian rules.
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    Apr 09, 2010 6:24 PM GMT
    Don't let U.S. immigration authorities know your married or partnered status.

    If you do, it will make it very hard, if not impossible for your partner to even visit you in the U.S. They will use his partnered status against him - they will say that it proves that he does not intend to return to his country of origin, and since proving intent to return is the cornerstone of most non-immigration visas, they will use that assumption to deny him entry even as a tourist.

    Really, your view of the U.S. is very out of date. As far as human rights are concerned, they have become pretty retarded.
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    Apr 09, 2010 7:00 PM GMT
    I honestly don't understand why so many people want to come to the U.S.
    Well... maybe New York.
    Your best bet is to talk to an Immigration Lawyer, not Real Jock members ^.^, so that they can provide you with real suggestions/help.
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    Apr 09, 2010 7:18 PM GMT
    viveutvivas said......your view of the U.S. is very out of date. As far as human rights are concerned, they have become pretty retarded.


    AMEN!

    A1EXYour best bet is to talk to an Immigration Lawyer, not Real Jock members ^.^, so that they can provide you with real suggestions/help.


    Don't even bother with the immigration lawyer, they may be sympathetic your your plight but there really isn't any provision currently that will allow him to come with you. My partner and I have been trying for months. About the only option he has is getting pulled in the Visa lottery this year. So I'll have to move elsewhere to be with him.

    It SUCKS big time!
  • Muscmasmat

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    Apr 09, 2010 7:52 PM GMT
    If this is a real possible situation rather than a hypothetical excercise, I would suggest, as a condition of your employment, you tell the hiring company that your partner also will need to come with you and to make arrangements for that to happen. When they go through the process to get your approval for working in the US, they can do the same for your partner. Since there are no Americans involved, this might be possible. But it won't be simple or easy. There are a limited number of visas for non-Americans working in the US.
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    Apr 09, 2010 7:52 PM GMT
    My partner and I are in the 12th year of our relationship. I am American, he is German. Neither of our home countries grants legal immigrant status (much less citizenship) to the partners in same sex relationships.

    While Britain does grant permanent right to settle for persons (even if neither are UK citizens - it is sufficient for one person to be an E.U. citizen), exercising those rights isn't any picnic. In most cases an immigration attorney is necessary to deal with the Home Office, who don't really understand, or wish to understand, this area of the law. This puts de-facto socio-economic limits on immigration to Britain (just the consult with an immigration attorney cost me £1500).

    As a couple, we live together where we can and hope for the best.

    As with Zombie, I cannot speak about this, really even think about it, without getting emotional.

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    Apr 09, 2010 11:50 PM GMT
    Shame on Germany, I'm surprised! Even Portugal's at it now!

    It was a potentially real situation before Christmas, only hypothetical now, as both of us are happy in London.

    It would actually have been doubly hard for us as my partner's Venezuelan although he gets his UK passport very soon, not through me, but through his company - he's been working here for over five years now).

    I feel your pain (you above). i lived with my other half in Venezuela for two years a loooong time ago (God I feel old) to before they introduced civil partnerships (and which I don't need now anyway).

    Apparently Australia's a good port of call for the "de facto" thingy ...