I'm g*y. Can I marry my German boyfriend and have him become a US Citizen?

Question

My boyfriend and I have been together for over EIGHT YEARS. We live in NYC. He is currently on an H1B Work Visa. There are so many confusing laws about g*y Marriage/US Citizen ship that I wonder if anyone "out there" knows of any g*y couples who've been able to beat the system OR play by the gvt rules and win. Any help/advice would be great. Its a very frustrating situation we consistently find ourselves in.

Answer 1

Have him apply for a green card based on the H-1B visa. He gets to stay, you can get married, you two live happily ever after! The green card would be based on the visa not on marriage but do you really care? Good Luck!

Answer 2

Federal Law does not recognize same-s*x marriages, only the laws of certain states. The Immigration and Nationality Act and the Code of Federal Regulations (both of which make up immigration law) are federal legislation. There are no provisions in either statutes which allow for a same-s*x partner to be treated as a spouse when it comes to immigration benefits or applications.

Answer 3

No way around it since the Fed Govt does not recognize same s*x marriage.  No choice here but to play by the rules set up now.

Answer 4

g*y marriage and civil unions are not recognized in the federal code or immigration laws.

Answer 5

I think the law is really not confusing at all, but I can see where confusion may stem from.

So here's a simple summary of how it works:

While certain US states recognize same-s*x marriage, that has no bearing whatsoever at the federal level, and federal law does not recognize same-s*x marriage.

Immigration law falls under federal law, therefore same-s*x marriage is not recognized as marriage for immigration purposes.

It simply does not matter to US Immigration authorities that states such as Massachusetts or California allow g*y marriage. Even if you were legally married in one such state, USCIS would not recognize that as a valid marriage. So your boyfriend can't get a green card based on his marriage to you.

I don't know how that works for couples where one of the partners is transgendered though... Of course I understand that's not your situation, but I'm just saying. I think that's a gray area of the law.

Answer 6

Since "g*y marriage" and "civil unions" are not recognized in the federal code or immigration laws, there is no way you can sponsor your bf's immigration.  He would have to apply for immigration with an immediate blood relative (parent, sibling, or adult child) who is a US citizen as his sponsor.  

If his employer wants to keep him beyond the maximum term for his H1-b employment visa and one renewal period, his employer can sponsor his immigration.  Very few employers are willing to guarantee an employee's job and support for 10 years, however.  With the present state of the economy and so many layoffs, it is very difficult to accomplish this!  However, unless he has immediate relatives who are US citizens, it is his only hope.

Answer 7

NOT in USA NO - the federal government does not recognize g*y relationships.

So any marriage certificate you put forward showing a man married to a man, the application will be denied.

The US government recognizes only ONE form of marriage. Heterosexual - Woman to Man and Man to Woman.

You can always try Canada. Canada does recognize g*y relationships - and you wont have any trouble because you have been together for 8 years. That is more than enough proof.

check out the Canada immigration website - you can apply under skilled worker category.

Answer 8

You are not WORTHY enough for RECOGNITION, Maybe you should move to germany.  

Answer 9

No, I don't think there's a way around it. You COULD marry him, but I don't think they've gone so far as permitting the situation you're in.

I'd cross my fingers though. I mean, g*y marriages here in CA are now legal, think of what will happen in another couple of years. [knock on wood.]

And he has a work visa, which means that he doesn't run the risk of getting deported or anything.

Good luck though, and like I said, maybe just a couple of years.

Answer 10

The first thing to do is,Don't try to beat the system! I know it is HARD,but you must Play by the Rules. We don't all like Rules,but we must abide by them.

If you two really love each other(I know you do),you'll fight as long as you have to!  How much longer can your(mate),stay on the Work Visa? Fight,Fight and Keep Fighting until you get your point across. When you're in LOVE,,,you'll fight "as long as there's a breath in your body!"

If you two do get married,you will have alot of frustrating time ahead of you!  Continue to "climb those Hills and sometimes Mountains, to reach your goals!"

I am not g*y,But I do believe "every-one has a RIGHT to love whom ever we choose!"  I do wish you and your mate,the best of Luck.