Same sex US couple face separation
A same sex couple in the US who were married last year face separation due to a legal loophole.
However, Morales, a nurse, is Peruvian and has been living in the US for six years on a combination of work and student visas. Her current visa expires next year and she then faces deportation. As her spouse, an elementary (primary) school teacher is female, however, she cannot sponsor Morales for a green (permanent resident) card, the usual procedure when aUS citizen marries a foreign national.
US federal law the Defense of Marriage Act defines marriage as taking place between a man and a woman, making same sex marriages, now legal in a number of states, ineligible for federal benefits such as green card sponsorship.
According to a report in the Washington Post, there are thought to be around 36,000 same sex couples in the US caught in a similar legal clash.
Ian Thompson, a legal advisor the for the American Civil Liberties Union, said: “[The Defense of Marriage Act] hurts same-sex couples in many ways, and immigration is one of the cruellest. Today, you have thousands of couples whose legal marriages are not recognized by the federal government.”
Morales said she and her partner deserved equality:
“We love each other. We want to share our lives and raise a family and be happy like everyone else. Our families are very supportive. We are good people, and we have worked hard to make a contribution.”
Photo by Laura Taylor via Flickr under a Creative Commons licence
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Marilyn Stowe is the senior partner in Stowe Family Law, which has offices in Yorkshire, Cheshire and London. With more than 30 years’ experience handling divorce cases and family law proceedings she is regarded as one of the most formidable and sought after divorce lawyers in the UK. In 2012, Marilyn became one of the first solicitors to qualify as a family law arbitrator.
All persons mentioned in the scenarios are fictitious: details have been deliberately changed in order to protect identities and other confidential circumstances of my clients. All advice and information on this blog including posts written by guest authors, is given only as a general guide to the operation of the law on the date of publication. Readers must place no reliance whatsoever on the content of this blog and must always obtain their own legal advice. Marilyn Stowe, Stowe Family Law LLP and guest authors accept no liability whatsoever arising as a result of reliance upon its content.
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