Susan's Place Transgender Resources

Now that the surgery is over and done with, is marriage and immigration an option for a transwoman (with an American man)?

The issue is that I come from a country that doesn't allow legal change of gender status.  I've read from various forums online that the US Citizenship and Immigration Services lost in a case involving a transwoman married to man (genetic male).  The Board of Immigration Appeals ruled in favor of the couple.  I think it is the LOVO-LARA case.

Now this could have been helpful in my case.  However, since legally I am still male in my home country (despite SRS), I am not sure if I have the option to be petitioned by my partner.   :(

The irony of the situation is that if I were a trans-lesbian, I still wouldn't be able to enter into a federally sanctioned marriage with a woman, since in the eyes of the Federal government, I would be in same-sex relationship.

Strange, isn't it?  And confusing....  :-\ :'( ???

Forget America, try it with an English man instead - unless I'm very mistaken, the UK is way better than the US for this sort of thing.
Even Canada would be preferable.

Quote from: Vexing on January 10, 2011, 12:59:43 AM
Forget America, try it with an English man instead - unless I'm very mistaken, the UK is way better than the US for this sort of thing.
Even Canada would be preferable.

Hahahaha!  What should I do with my American boyfriend, then? 

*finger taps chin wondering*

*thinks to self*  A rich English banker with that gorgeous South London accent!  Hmmmm...

Have him discuss the situation with a good immigration lawyer.

Just a thought. But if the US allows same sex partners to emigrate into the US, could you not applay as sae sex partners?

I realise this is a bit of a downer. But, once in the US, you could move to a state that isn't run by neurotics and live as husband and wife.

Quote from: spacial on January 10, 2011, 12:20:13 PM
Just a thought. But if the US allows same sex partners to emigrate into the US, could you not applay as sae sex partners?

The US does not currently allow that, unfortunately.  Same sex partners cannot sponsor someone to come to the country as their partner.  There is pending legislation to change that, but it has not made it through congress.  It's a very sad deal for lots of people.

Quote from: Alexmakenoise on January 10, 2011, 01:26:47 AM
Have him discuss the situation with a good immigration lawyer.

Quote from: Slanan on January 10, 2011, 01:06:00 PM
The US does not currently allow that, unfortunately.  Same sex partners cannot sponsor someone to come to the country as their partner.  There is pending legislation to change that, but it has not made it through congress.  It's a very sad deal for lots of people.

The US is definitely lagging behind its European counterparts...  :(  I hope Mr. Obama's administration does something about it.

Some states will legally change your gender if you meet the requirements which include the doctors papers. Then you can get a state ID in your new gender and get married. Once you are married you can apply to be  a citizen.

This might be helpful: Immigration Law & Transgender People (USA) http://transgenderlawcenter.org/pdf/Immigration%20Law%20-%20English%20fact%20sheet.pdf (http://transgenderlawcenter.org/pdf/Immigration%20Law%20-%20English%20fact%20sheet.pdf)

"However, many people who were unable to change their birth certificate in their home country,
especially refugees or asylees, have been able to update their documents simply with a court order and
surgeon's letter."

Nope..... to marry a man legally in the UK you need to hold a female birth certificate....

And the process to get one is not quite that simple....

Most British law based systems would need you to supply correct certificates for the licence....

But of course if you don't hold the correct certificate you could opt for a same sex marriage.... and go for a civil partnership...

No good though if you choose to live in stealth...

Quote from: lisagurl on January 10, 2011, 07:56:18 PM
Some states will legally change your gender if you meet the requirements which include the doctors papers. Then you can get a state ID in your new gender and get married. Once you are married you can apply to be  a citizen.

Thank for the information.  I also checked the TLC website on "Immigration Documents".

My concern is if a US court will even consider my application for a court-ordered change given that my status in the US is only "tourist".  I do have the necessary certificate from my surgeon.

Thanks, everyone!

Quote from: Cruelladeville on January 11, 2011, 10:39:20 AM
Nope..... to marry a man legally in the UK you need to hold a female birth certificate....

No you don't. Well, at least if you don't actually hold a UK birth certificate...