(Untitled)

Oct 23, 2006 02:15

I'm officially looking to marry someone that is a citizen of a European nation that is part of the EU.

I swear I'll love you wholly and fully and truly for at least one year.

<3

it works both ways.

I'm entirely serious.

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thehighwaycurse October 23 2006, 20:04:10 UTC
so here's a question for you.

i'm not sure if there's a nation in the EU that allows legal same-sex, but let's assume so, for the sake of hypothetication.

now, what happens if you married a girl from that nation? the european nation would honor your marriage and you'd be automatically elligable for citizenship according to THEM. but since same-sex marriage isn't legal here, what would happen?

would the UN just burst into flames and fire all the ambassadors into the night, screaming, burning, pompous fireworks?

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cloud_glow October 23 2006, 20:05:31 UTC
The marriage is legal in that nation, therefore I get that nation's citizenship.

That's it.

It doesn't effect the US at all.

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thehighwaycurse October 23 2006, 20:07:48 UTC
that's not quite as exciting as the international, homosexual rights scandal and PR nightmare i was hoping for :(

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cloud_glow October 23 2006, 20:10:58 UTC
Well, it wouldn't work the other way around. I'd have to be married in that other nation, just the US wouldn't acknowledge it.

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thehighwaycurse October 23 2006, 20:12:40 UTC
unless you were a legal resident of massachusettes, at the time of marriage?.

how the hell would state law interact with the international laws at play?

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cloud_glow October 23 2006, 20:17:28 UTC
It wouldn't!

It's all about contracts. International-whatever- -- the nations in question all honor contracts.

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thehighwaycurse October 23 2006, 20:27:48 UTC
no, but, i mean.
okay.

it seems to me like, since the national law on same-sex marriage is that it's the state's decision, that would affect whether your spouse could be awarded US citizenship. but then, citizenship isn't a state-level thing...so...

if massachusettes honors same-sex marriage, but arizona expressly denies it, would that affect whether the girl you married got US citizenship? would she be elligeable if you lived in mass, but not if you lived in arizona? or would it just be that, because same-sex marriage is not expressly illegal at a national level, the marriage would be honored and the girl would be granted citizenship? or alternately, because it is not expressly legal, the girl would be denied?

p.s. i just met stephanie prebic! she reads excellent literature.

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cloud_glow October 23 2006, 20:34:31 UTC
That doesn't change anything : )

If it's legal in Massachusetts and the greencard-holder is establishing residency in Massachusetts, then the contract is legal there, and thus it would be a valid union, and grounds for citizenship.

So what about a US citizen trying to get citizenship with an EU member? I don't think it matters whether or not the US honors their marriage. The nation granting citizenship is the one deciding whether or not it's a valid contract...

Did I miss something?

This is fun. I like international law! :D

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thehighwaycurse October 23 2006, 20:44:17 UTC
okay, real quick, let's establish variables, before i get confused. so we've got James - male, U.S. - and Jim - male, E.U.

James marries Jim. James automatically qualifies for citizenship in Jim's country. check. James is now a dual citizen. James is covered, we've got James figured out.

what happens to Jim, though?

if i'm interpreting what you're saying correctly, what you're saying is:
if James is a resident of Massachusettes (where they allow GM), Jim can claim residency in Massachusettes. does that mean he cannot claim residency in states that do not honor GM (arizona, for example)?

so, does that mean that Jim's a U.S. citizen, but only in Mass? he can get a job at mama's italian pizza (owned and run by portuguese), in Silver Falls, but in order to get a job at the Providence Place Mall in neighbouring Rhode Island, he needs a Visa?

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cloud_glow October 24 2006, 01:35:22 UTC
NOOOOOOOOOOOO

AAAAHHHHHH

Ahahahahahaha

You are SO tedious! AGH. Okay to RESIDENCY in ONE state through a valid marriage contract makes someone a CITIZEN. Once they are a CITIZEN, then it DOESNT MATTER /how/ they got there ( ... )

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thehighwaycurse October 24 2006, 04:08:53 UTC
okay, that's the way i figured it worked, but i wanted to make extra sure.

hey, at least i'm asking good questions to help myself better understand international law, instead of just being all "wtfEVER"

thank you <3333

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thehighwaycurse October 23 2006, 20:52:33 UTC
while we're at it, and now that you've got me thinking, let's introduce another variable: Amanda - female, U.S.

let's say that James and Jim are in love, so they marry. now James is a legal citizen of Jim's country. but James lives in Arizona, so Jim cannot claim citizenship because the contract would not be honored (we're assuming).

but Jim really wants to be U.S. citizen. so he goes to his friend Amanda, also in arizona, and marries her. now, Jim's country probably doesn't allow polygamy, so I'm assuming if they're already honoring the marriage of James and Jim, they probably wouldn't honor the marriage of Jim and Amanda, and so Amanda wouldn't get citizenship in Jim's country. but since the U.S. isn't honoring the marriage of James and Jim, would there be no legal blockade to the U.S. honoring the marriage of Jim and Amanda, thereby granting Jim citizenship in the U.S.?

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turantula October 23 2006, 21:25:13 UTC
Just to be an ass and not really contribute anything:
Jim is a common name to call someone named James. So.

Let's say Jim and Jim are in love. They marry. Jim is a legal citizen of Jim's country. But Jim lives in Arizona, so Jim cannot claim citizenship in Jim's country. But Jim really wants to be a U.S. citizen, so Jim marries Amanda. Jim's old country doesn't acknowledge polygamy, so to them Jim is still married to Jim and thus Jim is a citizen of Jim's country. But Arizona doesn't recognize GM, so Jim is considered married to Amanda and therefore Jim is a citizen of the U.S.

Clearly Jim is married to both Jim and Amanda, but only one at a time depending on which marriage is accepted where.

I totally have to find a Jim.
Jim jimminy jim jimminy jim jim jereee
A sweep's just as happy as happy can beeeeeeeee

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thehighwaycurse October 23 2006, 21:30:46 UTC
....

i will cut you.

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turantula October 23 2006, 21:32:59 UTC
<3

Look forward to it!

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cloud_glow October 24 2006, 01:35:54 UTC
No.

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