myself and my partner are in a same sex relationship, i reside in South Africa and he is in New Jersey, we are trying to find help with immagration for myself to go live with him in the states,
we are engaged and very serious about our relationship, any help will be greatly appreciated
If your quesiton is about your immigrating to the United States on the basis of this relationship, like a straight coule would do - marry for the spouse and petition for his or her immigration - this is not possible as of now. There is a struggle going on now in this country to try and equate rights of people in marriage regardless of their sexual orientation, but unless and until DOMA - a Federal law that defines a marriage as a union between one man and on woman, is overturned, nothing will happen in immigration arena. Consider alternatives like studying or working in the USA and relocating this way. Talk to an immigration attorney.
If you intend to live in New Jersey with your fiancé, then you should consult with a New Jersey-based lawyer who concentrates in Immigration Law to advise you. You may wish to consider living with your fiancé in one of the ever-growing number of States that allow gay marriages, as that may improve your immigration situation. I wish you all the best of luck. Warmest regards, Matt Catchick.
Your posting does not include any specific questions. If you are considering the possibility of marriage, and then applying for permanent resident status based on your marriage, then unfortunately, at this time, you are not eligible.
There is a possibility of change in the future, but we have no idea if the law will change or not. Perhaps the Defense of Marriage Act (DOMA) will be invalidated as unconstitutional, perhaps as early as next month. Perhaps there will be changes in immigration law that will help you to be eligible for a green card as the spouse in a same-sex relationship. But, as of today, it is not possible.
You might consider other ways of obtaining either temporary or permanent immigration status in the USA, and/or wait to see if there are changes in the law.
As others have said, U.S. immigration law currently does not provide the same benefits and protections to same-sex spouses as it provides to opposite-sex spouses. You basically have three options: (1) find another basis for immigrating legally to the States; (2) wait for the law to change regarding same-sex couples and immigration; or (3) try to force the law to change by filing a suit that challenges the law as violating the Equal Protection clause of the Fourteenth Amendment.
I'm not an immigration attorney, so if you want to pursue option (1) or (2), you'll need to find someone else. But if you're interested in option (3), feel free to contact me. Email is best (see my profile).
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