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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 108324
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I am a Bermudian gay man (living in Bermuda which is a British

Resolved Question:

I am a Bermudian gay man (living in Bermuda which is a British Dependent Territory) and am engaged to an American gay man in Minneapolis.
According to:_

http://hamilton.usconsulate.gov/bermuda_visa_exemption.html

I may live in the US for 180 days a year without a visa.

We are considering purchasing a house (outright, no mortgage required) in Minneapolis for us to live in as our primary residence. Will property ownership help our situation as we will not be a financial burden to the state.
We want to know what we have to do to be able to get married and live together legally. Will we be required to move to a state that has legal gay marriage or civil union (as it isn't currently legal in MN).
We are not looking for any "special" favors because we are gay, we are in love and simply want to be together.
Gay marriage isn't legal in Bermuda either and immigration laws are equally unfair to gay couples there.

Thank you for your help.

Sincerely XXXXX XXXXX
Submitted: 5 years ago.
Category: Immigration Law
Expert:  Fran-mod replied 5 years ago.
Hi, I’m a moderator for this topic and I wonder whether you’re still waiting for an answer. If you are, please let me know and I will do my best to find an Expert to assist you right away. If not, feel free to let me know and I will cancel this question for you. Thank you!
Customer: replied 5 years ago.
I am still waiting for an answer. Thank you. Colin
Expert:  Fran-mod replied 5 years ago.
Sometimes, finding the right Expert can take a little longer than expected and we thank you greatly for your understanding. We’ll be in touch again shortly.
Expert:  Guillermo J. Senmartin, Esq. replied 5 years ago.

Unfortunately, ownership of property in the U.S. by you actually makes it worse. Why? Because that is seen as a tie to the U.S. when you need to be showing ties outside of the U.S. to guarantee that you will go back home. As far as marrying in a state that recognizes same sex marriages, unfortunately, that will not work. This is because immigration law follows primarily federal law and the federal definition of marriage is that between a man and a woman. The only loophole I have been able to find is if one of the couple undergoes a sex-change operation and then the couple marry in a state that recognizes the new sex. Then it would satisfy the federal definition of marriage. Other than that, you would have to wait for a change in the law. I am truly sorry.

 

There are 5 ways to come to the U.S. to live permanently. They are through family, through employment, through asylum, through investment, or through the lottery.

 

For family, it must be immediate family such as U.S. Citizen spouse (opposite sex) or U.S. Citizen children over 21 in order to be able to come immediately. U.S. Citizen or Lawful Permanent Resident parents or U.S. Citizen siblings, or Lawful Permanent Resident spouses can also help you, but the wait for that is about 4 to 12 years or so.

 

Through employment, you would have to generally prove that you would not be taking away a job from a U.S. worker and the less experience and education you have, the harder that is to do.

 

Through asylum, you must prove that you will be persecuted, tortured or killed if you stay in your country and that this will happen to you because of your nationality, race, religion, political opinion, or membership in a particular social group, not because you would run the same risk as anyone else in your country to fall victim to a crime or bad economic conditions.

 

Through investment, you are looking at generally $1,000,000.00 for a residency, or $500,000.00 in an area designated as a high-employment area, plus in both cases the investment has to create 10 or more jobs for U.S. workers.

 

And through the lottery, it would be very difficult to win one of the 50,000 visas available per year and some countries do not qualify.

 

There are some visas available where you can stay temporarily and then later change to Lawful Permanent Residency if you qualify.


Some of the visas available through employment (if you have a job offer and you qualify) are:


H-1B for professional workers
H-2A for seasonal agricultural workers
H-2B for seasonal nonagricultural workers
H-3 for industrial trainees


Then there are the F-1 and M-1 for students and J-1 for exchange visitors.


And then there is the E-1 for treaty traders and E-2 for treaty investors (these types of visas are not available in all countries).


Here is a link to most of the available non-immigrant visas:

 

http://travel.state.gov/visa/temp/types/types_1286.html

 

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Customer: replied 5 years ago.
I have spoken with my fiancee and needless to say we are completely broken hearted.
If a state recognizes same sex marriages, why do you see that not as a possibility for us to move to that state and get married?
Expert:  Guillermo J. Senmartin, Esq. replied 5 years ago.
You can get married in a state that recognizes same-sex marriages, but that will not give you a U.S. immigration benefit. Until the federal law changes, a same-sex marriage will not yield a U.S. immigration benefit. Again, I am truly sorry. Please let me know if you have any additional questions and please do not forget to click accept. Thank you.
Customer: replied 5 years ago.
Thank you for your genuine concern for us and your professional advice.

I would presume that if it were a heterosexual couple, then no U.S. immigration benefits would be forthcoming either?!

I guess my final question would be, would we be able to live together until I was able to earn immigration approval?!

Thank you again for your kind words and advice.

Colin & John
Expert:  Guillermo J. Senmartin, Esq. replied 5 years ago.

No. If it was a heterosexual couple, then a U.S. immigration benefit would be forthcoming.

 

You can live together and you can even marry, but that won't give you an immigration benefit. You can get status in any of the ways that I listed before, but a same-sex marriage will not yield an immigration benefit at this time, not until the law changes. Please let me know if you have any additional questions and please do not forget to click accept. Thank you.

Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 108324
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
Guillermo J. Senmartin, Esq. and other Immigration Law Specialists are ready to help you

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