Trans Spouse Immigration Question

Jun 29, 2006 17:53

I know there have been many threads in this community regarding trans people rights (or lack of) to marry, but has anyone had any dealing with the USCIS (U.S. Citizenship and Immigration Services) in regard to getting permanent residency (aka a green card) for an immigrant spouse?

Here’s my friend’s story in brief. He’s a U.S. citizen who transitioned about 8 years ago. All his documentation now says male, including his birth certificate. However, because he was born in Alabama he can only get an “amended” birth certificate, noting the name and sex change. He recently married his Canadian girlfriend (she’s a bio-female) and now they wish to live in the U.S. Will they be rejected for an immigrant visa based on marriage because he is FTM?

The USCIS website isn’t very helpful. It’s description of a spouse is a “lawful husband or wife”, which of course they are, but considering this is the federal government we’re talking about here, I have my doubts because he doesn’t have an original male birth certificate.

Thanks in advance for the help.

immigration

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