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Is gay marriage allowed in the U.S. between a citizen and non-citizen?

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I am a US citizen and my girlfriend is from the Philippines. I got a job in Japan and I read that Japan will recognize gay marriages if they are performed in a country that recognizes them and even issue a dependent visa.

Since my gf is a non-citizen, would our marriage still be valid? I know there are no immigrations rights for same-sex marriages but will she at least be able to return to the US for vacation without fear of being barred at customs?

Attorney Answers 3

Posted

Marriage in the US does not depend on immigration status. Same sex marriage, however, is not currently recognized by the US for immigration purposes.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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Posted

Thank you. Although my question is not about immigration (since we don't plan to live in the US anytime soon), but more about the validity or the same-sex marriage if one is a citizen and the other is not, especially if the non-citizen is from a country that does not recognize same-sex marriage.

J Charles Ferrari

J Charles Ferrari

Posted

Marriage in the US does not depend on immigration status.

Posted

So Japan is a great place for you to go. No - your marriage will not be recognized in the US. Return to the US? How? Visitor - student????

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Posted

This is a repeat question.

FORMER IMMIGRATION LAW PROFESSOR -- LEGAL DISCLAIMER: This answer is offered for informational purposes only. It does not constitute an attorney-client relationship.

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Asker

Posted

I did a search on it and haven't seen the same question. I've seen it for straight marriages but gay marriages are held to a different standard so I wanted to see how valid it would be.

F. J. Capriotti III

F. J. Capriotti III

Posted

Right now, gay marriages ... even if legal where they took place ... are NOT accepted in the US ... at present. But, if we keep our current President and change the make-up of the Congress ... things may change. Here is an example of the struggles people are experiencing: http://www.nytimes.com/2011/05/07/us/politics/07marriage.html?_r=1

Asker

Posted

Yeah, that's where our question lays. Japan will recognize a gay marriage if it was performed in a place where it's legal. But what we're wondering if it's enough for them that it's legal in the state that it took place, or if it has to be accepted by the entire country.

F. J. Capriotti III

F. J. Capriotti III

Posted

Ok, maybe I'm not understanding your question. This isn't a question of US law at all. This is a question of Japanese law ... I am sorry for the confusion. Talk to someone at the Japanese Consul or Embassy. www.embassy.org

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