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Hi im in a same sex relationship with a US citizen

Garden, MI |

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

thank you

Attorney Answers 6


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.

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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.

NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

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No same sex benefit is available under our immigration law. It is unfortunate our legal system still discriminates based on sexual orientation.

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Unfortunately there is no provision in US law at this time that would allow you to move here on the basis of your relationship. You can however look to other options such as student, employment or investment visas. Perhaps in time the laws will change.

Samuel Ouya Maina, Esq. 415.391.6612 Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104

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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.

(734) 369-3131. This communication does not establish and attorney-client relationship with the Law Office of Michael Carlin PLLC or any individual member of the office. Confidential information should not be sent through this form.

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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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