Woman immigrant in same-sex marriage won't be deported

I thought that an immigrant marring a citizen no longer automatically granted citizenship.

moonkitty said:

I thought that an immigrant marring a citizen no longer automatically granted citizenship.

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To my knowlage it grants residency not citizenship.

moonkitty said:

I thought that an immigrant marring a citizen no longer automatically granted citizenship.

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It doesn't (has it ever really?). It actually does not provide, in itself, residency, either. But rather helps acquire permanent residency if the couple goes through the processing for residency correctly.

From the National Immigration Services site [myvisa.com]:

An alien who marries an U.S. citizen can obtain a green card. If the marriage was entered into within 2 years prior to being given permanent residency, the alien will receive "conditional permanent residence". This means that the permanent resident status can be terminated if, within two years after the permanent resident status is granted, the marriage is annulled, ends in divorce, or was completely fraudulent.
[...]
In the petition to the INS a spouse of a U.S. citizen will first establish eligibility and apply for either adjustment of status or go through visa processing. It is not sufficient to establish eligibility alone. The foreign national will have to actually obtain permanent residency through either AOS or visa processing.

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That said, it does look good in front of a judge if you have been married here for some time (even if you have not filed for residency or citizenship) so that is likely what went on here. And, apparently, the government "working group" that is now reviewing immigrating/deportation cases must feel the same way on the subject - if this case is any indication.

So, congrats for them.

I think it's bad that people abuse marriage to get citizenship or residency, but I do think it's better than the alternative, that people might fall in love with someone, and not be able to have a proper marriage, because their spouse isn't allowed come into the country.

I agree, Bill. I'm glad she got to stay.

Desk trauma said:

To my knowlage it grants residency not citizenship.

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It prevents deportation, it does not automatically grant resident alien status.

I know, my wife could not leave the States for almost 3 years because her status was not finalized. You still have to leap through all kinds of hoops.

Our case was a bit strange because I was her second American husband. Her first died fixing a tire when they were both hit by a Caltrans employee. In an ironic twist it was on a trip to the immigration office.

Cromulent said:

I think it's bad that people abuse marriage to get citizenship or residency, but I do think it's better than the alternative, that people might fall in love with someone, and not be able to have a proper marriage, because their spouse isn't allowed come into the country.

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Actually it does not let one enter, it only prevents deportation.

If you meet and fall in love with someone overseas, do not marry them and then apply for them to enter. They may well have to wait until things are finalized here before gaining entry. Years.

keith99 said:

Actually it does not let one enter, it only prevents deportation.

If you meet and fall in love with someone overseas, do not marry them and then apply for them to enter. They may well have to wait until things are finalized here before gaining entry. Years.

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Really? I'm fairly sure things are less strict over here, although it's not an area I'm familiar with.

Cromulent said:

Really? I'm fairly sure things are less strict over here, although it's not an area I'm familiar with.

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I think over there it depends a bit more on where someone is from than it does here. Everywhere it seems that a lot can depend on not makeing the wrong move. Someone from Ireland could marry an American there and then come over here no problem, as long as they apply for the visa just like anyone else. It is when they apply for resident alien status while still in Ireland that they blow it. (And they would be smart ot not say they are going over to stay, just to visit, and then decide once here that they cannot bear to be seperated).

My wife was German when I married her, that was about 26 years ago... it only took a few weeks to get her green card. It's possible the process is/was streamlined a bit for soldiers, however it shouldn't be that differant.

keith99 said:

Actually it does not let one enter, it only prevents deportation.

If you meet and fall in love with someone overseas, do not marry them and then apply for them to enter. They may well have to wait until things are finalized here before gaining entry. Years.

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Billnew said:

Woman immigrant in same-sex marriage won't be deported – In America - CNN.com Blogs


I support this decision, they were legally married in a state of these United States, so the illegal became legal.

She was living a crime until she married. There seemed to be no question that they married for reasons other then immigration status.

This is a thread on immigration and marriage, not sexual preference. Please argue about same sex marriage being right or wrong or homosexuality somewhere else.

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Getting married grants a person nothing until they apply to adjust their status based on that marriage. She was living a crime after she got married until she applied to adjust.

Persons who enter the country without inspection cannot adjust status in the US- they have to return to their country of origin and apply for a marriage based visa. Persons who entered legally and overstayed (students, tourists etc..) can adjust but may face problems if they worked illegally, or violated other laws.

Once they apply to adjust they get a conditional residency card and have to be reinterviewed before the end of the conditional residency to remove the conditions. If it hasn't changed the government requires a couple to have been married for 2 years at the time of application to adjust in order to get a non conditional permanent residency card.

ACougar said:

My wife was German when I married her, that was about 26 years ago... it only took a few weeks to get her green card. It's possible the process is/was streamlined a bit for soldiers, however it shouldn't be that differant.

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It generally takes a bit longer now to get the entry visa for those who live outside the country, and depending on where you live in the US the appointment to adjust for permanent residency (green card) can be a few weeks to longer than a year

ACougar said:

My wife was German when I married her, that was about 26 years ago... it only took a few weeks to get her green card. It's possible the process is/was streamlined a bit for soldiers, however it shouldn't be that differant.

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26 years ago is eternity. Process for non-military 10 year ago required shared property and for me to sign documents making gne a guarantor so that if my wife every went for public assistance I would be on the hook for it.

My very limited understanding of the military situation is that a lot of the time it was much easier if the military chain of command endorced things, and much more difficult if they did not.

I totally disagree with same sex "marriage" but I am also glad she was not deported. I am a staunch supporter of relaxing immigration rules here in the United States.