Are Same-Sex Couples Recognized for Immigration Purposes?
Answered by Surina Khan, executive director of the International Gay and Lesbian Human Rights Commission. July 16, 2001
Recognition of same-sex couples for immigration purposes
Q: Dear Surina,
My boyfriend is from South Africa and I'm from the United States. We have lived in Orlando, Fla., for the past year. He is currently working under a special visa, which only allows him to work for his current company until the end of his contract. He will leave his job in the middle of July but his visa doesn't expire until September.
I recently read that a number of countries, including South Africa, recognize lesbian and gay couples for the purposes of immigration. If we get married in South Africa, can we come back to the United States and have our relationship recognized for immigration purposes?
I thank you for your time.
Michael
A: Dear Michael,
Although it is true that South Africa has enacted regulations that allow for immigration benefits for same-sex couples, South Africa currently does not permit same-sex couples to legally marry. Moreover, even if you could get married in South Africa, unfortunately the marriage would not be recognized in the United States.
A South African marriage also would not be valid for the purpose of immigrating to the United States. The Defense of Marriage Act, signed into law by President Clinton in 1994, amended the Immigration and Naturalization Service code to specifically state "marriage is between a man and a woman." So even if you are legally married in another country, it would not recognized for immigration purposes under U.S. law.
I'm sorry I do not have better news. This is why we must continue to fight for equality.
Sincerely,
Surina Khan
Khan is executive director of the International Gay and Lesbian Human Rights Commission.
July 16, 2001