Stuck in a legal limbo, between US and UK law

[KateConnors]

Hi,

I suspect there's not many with the same predicament as me, but here goes anyway...........

I live in the US with my wife and 18-month-old munchkin, we're both from the UK originally and are here on work visas (the munchkin was born in the US though).  I am likely 12 months or so from going full-time, though I am presently on hormones, facial hair removal etc.  My plan to transition is rather complicated from a legal perspective   

- UK law dictates that for gender change recognition to take place, any pre-existing marriages must be dissolved.  I believe on the other hand that US federal law does not have this requirement, though I could be wrong.  Does anyone know if a change of passport is possible in the UK without the legal gender change recognition (which is a change of birth certificate).

- My therapist tells me she can obtain a change of gender on my Mass. license with a letter from her.  While this would be great, I wonder if this would have any implications on my current visa or back home.

- My wife is having a green card filed at the moment, this could take years to be completed.  If I attempt to change my legal gender in the UK before the green card application is complete, I presume I will put my green card (as my wife's spouse) in jeopardy.

- I've had contact with US immigration lawyers, but the problem is that this is such a grey / gray area that no-one can really tell me anything with certainty.   

We will be moving from Massachusetts to California early in the New Year, as we have both secured our dream jobs.  My plan is to work for my new company for 6 months or before transitioning (they think they are hiring a man) to allow time for them to appreciate my talents first and foremost.

Any words of wisdom would be greatly appreciated.......

[justmeinoz]

As an Aussie all I can say to someone moving from the UK to the USA is, "you poor bastard."  Sounds like a total legal can of worms.

Karen.

[Al James]

if its any help i got my female uk passport changed to a male one with just a letter from my doctor stating that i was undergoing therapy for gender reassignment and that the changes would be permanent. Had to pay the full price for a renewal and send in photos and a change of name and title deed poll but four weeks later the new passport appeared no questions asked

[KateConnors]

Thanks James for that regarding obtaining your UK passport. 

I think the best I can hope for is that I get my gender changed on my UK passport and my US driver's license, but keep my male UK birth certificate to avoid having to void my marriage.  I don't think such an arrangement would cause too much daily aggravation or change my quality of life, though I need to find answers to the immigration implications.  Perhaps I have to wait for our green card to come through...

I have no option on being 100% stealth anyway, since I am out to family and friends without too much issue (in the grand scheme of things).  I am also a scientist, and I don't want to somehow disown my publications to date just because they've got my male name attached.