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The legality of a skype wedding

Started by Ilovemahal, April 11, 2016, 04:52:38 PM

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Ilovemahal

 :icon_help:

Don't know if this is the right place for this question.

Don't know if anyone can answer it.

Maybe someone can point me in the proper direction.

Background:

My girlfriend is transgender and from the Philippians.  Now I am not casting aspersions, however the Government there is still in the stone age when it comes to sexual identity.  She cannot change the gender on her documents and we cannot get married as we are "same sex".

We keep our long distance relationship alive by skype.  We have 2 good mornings and 2 good nights and are able to talk in between her customers (Beautician).

On my visit there this August, we are getting engaged (asking her father's permission, bringing the ring, getting on one knee, etc).  We already discussed it because one night, I just couldn't wait and asked her to marry me. We are asawa ko (my spouse) and can't wait to make it official.

To do that, I need to bring her into the US on a Same Sex Fiancee Visa (Spousal Visa is out because I can't marry her there).  We have heard that it is not easy to come by, and are afraid it may take a long time to accomplish.

End of background:

I heard about skype marriages and as same sex marriage are green lighted in New York, if New York recognized the skype marriage as a legitimate marriage, then I believe I could apply for a Spousal Visa as we would be married in the eyes of the US Government.

But I haven't a clue if this is a possibility and if so, where to start to research everything we need.

I love this woman with all my heart, and I want her to have all the rights and protections afforded to her for being my wife.  Most importantly future Social Security benefits for her and our children if something happens to me.  I want that security for her, or I would move there and we would just live together.

So if anyone can help me with this, I would be in your debt.
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Dena

Something few people understand about a marriage. You have the ceremony which means nothing to the government and the paper work which means everything to the government. As long as the paper work is in order, you can have any type of ceremony you want. The ceremony is only for the family or for the religion that you belong to. It boils down to the fact that a marriage is two ceremonies. The exchanging of vows is one and the signing of the paper work is the other.

I don't know the answer to your real question, but you need to check with the state of New York about the paper work requirements AND the federal government about the Visa requirements. If you can't meet both requirements, you will not be able to accomplish what you desire.
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  •  

KarynMcD

A Fiancee Visa and a Spousal Visa take about the same amount of time to process.

Can they came here on another visa or can you both go to another country to get married?

You might want to read this about "Skype Marriages"
http://www.nolo.com/legal-encyclopedia/if-marry-via-skype-can-i-green-card.html
and
http://marriage.about.com/cs/legalities/a/proxymarriage.htm
They are not valid in NY.
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