My girlfriend is a Philippine citizen and I am an American citizen. I am also female so we are a gay couple. WHat are our options for getting her to the States? She is also a nurse and is preparing to petition for a nursing job in the states but we are hearing that can take up to 5 years. Is that true?
Los Angeles, California
You would not be able to petition her as a spouse because federal law does not recognize gay marriages, at least not yet. So the options would be through another immediate family member, through employment, through the diversity lottery (though I am not sure that the Philippines qualifies at the moment), through investment, or through Asylum.
Since I doubt the other methods will apply, we will focus on employment. There is a shortage of nurses. It would not take 5 years for her to be able to enter the U.S. Probably more like 3 months to a year or so. What she needs to do is secure a job wherein they will help her with that type of paperwork. There are many services available to nurses that wish to immigrate, you just have to look. Perhaps do a Google search for foreign nurses Immigration to the U.S., etc.
Thank you so much and I promise to accept this answer I just had one quick follow up question!
I was born and raised in Massachusetts and I have since moved to LA, but I know MA leglaized gay Marriage so I checked out the law behind it and it said that MA would recognize the marriage even if one of the individuals is from another state or country. So even though the state of MA recognizes it, is the option to being a fiance over here still based on the Federal ruling regardless of the state?
And one last question on the employment information: She is still working on taking the necessary exams which is maybe why she was quoted up to 5 years...so you know exactly what exams she needs and if the US will require her to have experience in a hospital in the philippines prior to immigrating?
Unfortunately, yes. It does not matter that a state recognizes it and even if both of you live in that state. Federal law does not recognize it and thus there can be no benefit derived from that marriage.
That last question I cannot answer for you. Whatever service, company, employer, etc. offers her a job will know what is required for that job (exams, licenses, etc.) and as long as the job is for nursing or some profession and she qualifies, the should be granted.
10+ years of experience in various aspects of U.S. Immigration Law.
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