How American Recognizes Same-Sex Marriages Performed Abroad
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You may be wondering how your marriage is recognised in the US if you are a same-sex couple who were married abroad. It’s important to know that same-sex weddings that are lawful in the location of their marriage are usually recognised and respected by the US government. But there are a few intricacies and exclusions that you should be aware of. This blog post will outline how Americans see same-sex marriages consummated overseas and provide you with important information if you intend to travel, reside, or work in the United States as a married couple.
The History of Same-Sex Marriage Recognition in the U.S.
Over time, there have been substantial changes to the legal status of same-sex marriage in the United States. Prior to 2015, most states outlawed same-sex unions and the federal government did not recognise them. Essentially, this meant that same-sex couples who were married outside of the United States had no rights or advantages as U.S. spouses. For their foreign wives, they also encountered challenges getting visas, green cards, citizenship, and other immigration perks.
The 2015 Supreme Court decision
Nonetheless, the U.S. Supreme Court decided in Obergefell v. Hodges (2015) that states had to acknowledge and approve same-sex marriages and that same-sex couples have a constitutional right to get married.
This historic ruling made same-sex marriage legally acceptable across the board and mandated that governments recognise same-sex unions consummated in other legal jurisdictions, including overseas nations.
The 2022 Respect for Marriage Act
Congress passed the Respect for Marriage Act in 2022 and President Joe Biden signed it into law. This law recognises and protects same-sex and interracial marriages under federal law and in interstate relations, allaying concerns that the Supreme Court would rule that states could deny the validity of same-sex marriages. The percentage of Americans who supported same-sex marriage rose from 27% in 1996 to 71% in that year.
The Benefits of Having Your Same-Sex Marriage Recognised in the U.S.
Being legally recognised in the United States after being married overseas as a same-sex couple can offer you numerous benefits and protections. Among the advantages are:
submitting joint income tax forms to the federal and state
Making claims for veterans’, Social Security, and Medicare benefits for a spouse
securing family leave and health insurance for your spouse
Making decisions about your health and paying a hospital visit to your spouse
obtaining your spouse’s assets and property without having to pay estate taxes
requesting your spouse’s immigration advantages, such as a citizenship, green card, or visa
Having joint adoption rights or parental rights over your spouse’s offspring
In the United States, ending a marriage through divorce or annulment
The Difficulties of Getting Your Same-Sex Marriage Legal in the U.S.
Although it can be a wonderful thing to have your same-sex marriage recognised in the United States, there may be some difficulties and complexities involved. Among the problems you could run into are:
navigating various rules and legislation in many states and territories. While federal law permits and recognises same-sex marriage, individual states and territories may have distinct laws and regulations pertaining to adoption, divorce, or name changes. To ensure that you are aware of your rights and responsibilities as a married couple, you should review the legislation of the state or territory where you now reside or want to go.
experiencing harassment or prejudice from some people or groups. In the United States, same-sex marriage is becoming more and more accepted, yet some individuals and organisations continue to oppose or reject it for moral, religious, or political reasons. Some employers, landlords, service providers, or government officials may show you animosity or discrimination if they don’t accept or value your marriage. You ought to be ready to defend your rights and, if required, seek legal counsel.
having trouble establishing your marriage overseas. You may find it difficult to prove your marriage in the United States or other nations if you were married in a foreign nation that does not provide marriage certificates or other official documentation. To confirm your marital status, you might need to gather further documentation, including pictures, witness statements, or affidavits. It can also be necessary for the relevant authorities to translate and authenticate your foreign documents.
The Tips for Having Your Same-Sex Marriage Recognised in the U.S.
Here are some pointers to assist same-sex couples who got married overseas and wish for their union to be recognised in the United States:
A copy of your foreign marriage licence and any other pertinent paperwork should be kept. To establish your marriage and get your benefits, you might have to present them to several organisations or authorities. A copy of your passport, visa, or other travel documents that indicate the dates of your entry and departure from the nation where you were married should also be kept.
Register your union with the American embassy or consulate in the nation where you were married. Having a record of your marriage with the U.S. government is not necessary, but it can be a good idea. To accomplish this, complete a Report of Marriage Abroad form and send it to the American consulate or embassy that is closest to you. Additionally, this can assist you in obtaining a Consular Report of Marriage Abroad, a record that can be used as evidence of your marriage in the United States or other nations.
If you have any queries or worries, speak with a professional or a lawyer. It can be difficult and perplexing to get your same-sex marriage recognised in the United States, particularly if you’re juggling several legal systems and jurisdictions. A lawyer or other expert with experience in same-sex marriage, family law, immigration law, or tax law can be a good resource for you to consult. They can assist you in comprehending your obligations and rights, avoiding traps, and resolving any issues that may come up.
In summary
In many other nations around the world, including the United States, same-sex marriage is accepted both legally and socially. If you are a same-sex couple who wed overseas, you are eligible to the advantages and safeguards that come with having your marriage recognised in the United States. You should be conscious of the difficulties and complexities that could accompany it, though. You may make the process of getting your same-sex marriage recognised in the United States go more smoothly and easily by paying attention to the advice and recommendations in this blog post.
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