Hi. I'm hoping to get some advice/help for myself & my boyfriend. He is transgendered (female-born) & is from Europe, I am a female from the US (Florida). He will be coming to the States this summer on a visa waiver to begin hormone treatment & meet with a doctor for reassignment surgery. The letters that the hormone & surgeon doctors give him he will then use to file for a name & gender change on his European IDs/documentation. My question is, once this is completed & he is legally male, can I file for a fiance visa to then bring him to the US for marriage purposes?
I contacted one immigration lawyer who sent me a document regarding the 2004Citizenship and Immigration Service (CIS) policy memorandum stating that CIS would not recognize marriages for immigration purposes where one or both of the spouses "claims to be transsexual." However in doing some more research, I later found a case from May of 2005 where the Board of Immigration Appeals (BIA) issued a positive decision in the Matter of Lovo-Lara, holding that as long as the marriage is valid where entered into, it should be valid for immigration purposes. Further, it's stated that the same rules apply for fiance visas as for marriage-based petitions. If the state where the American partner lives recognizes marriage where one of the spouses is transgender, it should be possible to bring the foreign fiance to the U.S.
I know that if we were married in his country, it would be viewed as a normal heterosexual marriage. I also recall hearing of a case in Florida where the judge ruled similarly. I am hoping for some advice on the best way to proceed. Also, if there is any lawyer who feels they'd be able to help out, please let me know! I will more than likely be recruiting an attorney's help for this endeavor. Thank you for reading & for your time.
I contacted one immigration lawyer who sent me a document regarding the 2004Citizenship and Immigration Service (CIS) policy memorandum stating that CIS would not recognize marriages for immigration purposes where one or both of the spouses "claims to be transsexual." However in doing some more research, I later found a case from May of 2005 where the Board of Immigration Appeals (BIA) issued a positive decision in the Matter of Lovo-Lara, holding that as long as the marriage is valid where entered into, it should be valid for immigration purposes. Further, it's stated that the same rules apply for fiance visas as for marriage-based petitions. If the state where the American partner lives recognizes marriage where one of the spouses is transgender, it should be possible to bring the foreign fiance to the U.S.
I know that if we were married in his country, it would be viewed as a normal heterosexual marriage. I also recall hearing of a case in Florida where the judge ruled similarly. I am hoping for some advice on the best way to proceed. Also, if there is any lawyer who feels they'd be able to help out, please let me know! I will more than likely be recruiting an attorney's help for this endeavor. Thank you for reading & for your time.
