General Question

autumnwinds's avatar

Got a girlfriend in Malaysia I'd love to marry. I was wondering with some of the states now allowing gay marriage, can she become a US citizen?

Asked by autumnwinds (10points) July 10th, 2009
Observing members: 0 Composing members: 0

5 Answers

Dorkgirl's avatar

Are you a gay couple?
She can become a citizen on her own merit and does not have to be married to beceome a US citizen.
Marrying a citizen helps with Green Card and stuff, but is not predicated on one’s ability to become a citizen.

IchtheosaurusRex's avatar

Marriage does not guarantee that a person can become a citizen, but it is mentioned as a special case here:

“Spouses of U.S. Citizens

Generally, certain lawful permanent residents married to a U.S. citizen may file for naturalization after residing continuously in the United States for three years if immediately preceding the filing of the application:

the applicant has been married to and living in a valid marital union with the same U.S. citizen spouse for all three years;
the U.S. spouse has been a citizen for all three years and meets all physical presence and residence requirements; and
the applicant meets all other naturalization requirements.

Because of the infernal DOMA law, the USCIS might not recognize a gay union, but given that you would have to be married for at least 3 years prior to applying, there is a fair chance the law will be overturned by then. Obama wants it struck down.

tinyfaery's avatar

Nope. And I wouldn’t hold my breath if I were you. My wife and I are both citizens and in most US states we could be denied visitation if one of us were to fall ill. I wouldn’t count much on Obama either. Human rights are not high on his list of priorities at the moment.

cwilbur's avatar

Because of the DOMA, the INS doesn’t recognize gay unions.

She can become a U. S. citizen through the channels available to unmarried people, though.

autumnwinds's avatar

Thanks guys. I figured as much, but I thought I’d ask anyways. We’re planning on getting married next fall, so I was wondering if we could get everything done in one fell swoop. Can’t have everything I suppose.

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