Thursday, December 31, 2009

Can an American gay spouse sponsor a Canadian spouse for citizenship after the couple is married in Canada?

I am a Canadian citizen living in the US with a work visa. My partner and I plan to go back to my home in Canada to visit and we want to be legally married while we are there. Once we return to the US, can my partner sponsor me to become an American citizen like a traditional couple can? Will US Immigration view the marriage as legal (or at least legitimate enough) to sponsor a citizenship?Can an American gay spouse sponsor a Canadian spouse for citizenship after the couple is married in Canada?
The answer is NO.





The U.S. definition of marriage, for immigration reasons, is strictly heterosexual. Looking further into the law, the couple must have the appropriate ';parts';-- a male and a female set. Further, they must be able to consumate such a marriage. This means male goes into female in the appropriate, traditional and anatomically correct sense.





Sorry, I know this is not the answer you want to hear.





By the way, CITIZENSHIP is NOT transmitted through marriage. CITIZENSHIP is aquired through birth in the U.S., naturalization after being a permanent resident, or derivation which means one or more U.S. citizen parent is able to transmit citizenship.





Heterosexual couples, if one is a U.S. citizen, may petition for the foreign spouse to become a RESIDENT (alien) of the United States. Once the alien RESIDENT satisfies residence requirements, he or she may APPLY for citizenship.





Unfortunately, the term CITIZENSHIP is used too loosely these days. It is NOT the same as being an alien RESIDENT.





I'm thinking that a homosexual couple may have better luck in Canada. There is NO provision for this in U.S. Immigration law. Sorry to disappoint, but this is the way it is. Good Luck.Can an American gay spouse sponsor a Canadian spouse for citizenship after the couple is married in Canada?
i think not. the usa feds dont consider gay marriage.
No. The Federal Government does not recognize gay ';marriage.'; Immigration is a federal matter. Therefore, you can't do it.
No... gay marriages are not legal, and not recognized as a ';god given'; order of right partnership.

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