UK Pre-op M2F to marry US F spouse and live in the US?

Question

Hiya

Im a uk cit, pre-op male to female transexual, I dont plan to have any surgery for a few years (its a big step), in the end I might just stay as I am. Been living full time for the last 2 years.

I changed my name and title in the UK 2 years ago by deed poll then when applied for a passport the UK office asked for a letter concerning my op status. My GP worte me a letter saying "to the best of my knowledge, this person intends to transition fully" this got me a F gender marker on my passport.

My birth certificate stills says M

I wish to marry my US born female partner and immigrate to live together in the US.

Can we do this? (as im still M everywhere except passprt)

Will I be treated as M or F for marriage and immigration purposes? Will I be seen as M for one and F for the other?

I really need all the help I can get on this, were tearing our hair out not knowing if we can stay together. We dont want to live in the UK (even though that would be simpler).

Answer 1

Unless you complete the surgery you'll be classified as a male during your physical exam.  My guess is that they'll send you for a total psych eval too.

Answer 2

The federal govt does not recognize same-s*x marriage.  US immigration law does not recognize same-s*x marriage.  Your passport says "F" and you legally changed your name, etc.  Your gf cannot get you a visa, and you cannot marry to meet the requirements of a spousal visa.  Forget it.