74 replies to this topic

[Thrash]

http://usnews.msnbc....rriage-ban?lite

“Irma and I have committed to each other for the rest of our lives. We now face being forced to move to the Philippines or breaking up our family only because we are legally married women,” DeLeon said, noting the couple could face persecution in her home country because they are lesbians. “We pray that the administration will change its mind and grant me and those similarly situated around the country the right to remain here temporarily until the courts decide whether our constitutional lawsuit has merit.”

No, the reason you are being kicked out is because you scammed your way in here and also have overextended your stay.

[Haflinger]

Reading the article, I don't see where she scammed anyone. She came to the U.S. with her common-law husband; at some point she broke up with him, married a U.S. citizen, and then applied for citizenship.

Maybe she could be prosecuted for bigamy (I don't see any mention of divorce proceedings), but there's no suggestion of that in the article. The argument is over whether she got married legally or not, and her lawyers are suing to stop her from being deported while there's an ongoing lawsuit over that.

[Thrash]

Authorities approved her employer’s application for permanent resident status for her in May 2006, and she had temporary lawful status until April 2011, when immigration officials told her she was inadmissible to the country. They said she had misrepresented her name and marital status because she had entered the U.S. under the last name of her former spouse, even though they were not legally married, according to the lawsuit.

[PrinceVegeta]

Kill them....in an arena....

[The Dark Empire]

Gay people scare me.

[Evil Rudekker]

Perhaps our immigration laws are unjust and should be changed. For example, my ancestors just showed up. The English branch of my family tree just showed up and brought smallpox and gusn. Now we gotta have rules?

Edited by Evil Rudekker, 14 July 2012 - 01:03 PM.

[Thrash]

Perhaps our immigration laws are unjust and should be changed. For example, my ancestors just showed up. The English branch of my family tree just showed up and brought smallpox and gusn. Now we gotta have rules?

People using the infrastructure and not paying for it is bad. We'd be overrun.

[The Dark Empire]

Perhaps our immigration laws are unjust and should be changed. For example, my ancestors just showed up. The English branch of my family tree just showed up and brought smallpox and gusn. Now we gotta have rules?

Shouldnt you be getting married?

[ᗅᗺᗷᗅ]

A lot of common-law wives use their husband's surnames. She probably wasn't trying to "scam" anyone. The feds are just being assholes. The question is whether they are being assholes specifically because she's married to a woman. But whatever. This is just another case of manufactured outrage meant to stoke the stupids into an anti-brown people fury so they don't notice that their getting ass raped by the 1%.

[Haflinger]

She used ... her (possibly ex-) husband's name? You've got to be joking if you think that's a scam.

[Haflinger]

Perhaps our immigration laws are unjust and should be changed. For example, my ancestors just showed up. The English branch of my family tree just showed up and brought smallpox and gusn. Now we gotta have rules?

People using the infrastructure and not paying for it is bad. We'd be overrun.

The person you're talking about pays taxes.

[ᗅᗺᗷᗅ]

She was only his common-law wife, Haf. I think technically they're not legally entitled to use their "husband's" surname. But most do. It's really not a big deal.

[Haflinger]

Anybody is legally entitled to use any name they want to, Jor. The Artist Formerly Known As Prince for example.

You can go and fill out the forms and change your name to "The Gay Rodney Dangerfield" if you want to.

Also, common-law marriages are marriages. There's no quotes around them. They're legally binding just like the ceremony-based marriages, you can be prosecuted for bigamy, there are divorce proceedings, you get tax benefits. The whole deal.

[ᗅᗺᗷᗅ]

Common-law marriages depend upon the state. Some recognize them, some don't, and the ones that do probably all have different criteria. Anyway, I think the point is that she didn't fill out the paperwork. That's what I'm saying: a lot of common-law married people do that. My father's second wife was common-law, but although she identified herself as "Stafford" she never actually had her name legally changed. And since she was not his legal wife, when he was on his deathbed she had no decision-making authority, everything was in my hands.

Therefore, of course, she also has to claim to any of the lands and titles of the storied Stafford family. I am the sole heir.

[Haflinger]

Every state that doesn't want people to collect harems has to recognize them for bigamy purposes. Maybe they don't in Utah

[ᗅᗺᗷᗅ]

From Unmarried.org's common-law marriage fact sheet:

THE MYTH: There is a common misperception that if you live together for a certain length of time (seven years is what many people believe), you are common-law married. This is not true anywhere in the United States.

STATES THAT RECOGNIZE COMMON LAW MARRIAGE:
Only a few states recognize common law marriages:

Alabama
Colorado
Georgia (if created before 1/1/97)
Idaho (if created before 1/1/96)
Iowa
Kansas
Montana
New Hampshire (for inheritance purposes only)
Ohio (if created before 10/10/91)
Oklahoma (possibly only if created before 11/1/98. Oklahoma's laws and court decisions may be in conflict about whether common law marriages formed in that state after 11/1/98 will be recognized.)
Pennsylvania (if created before 1/1/05)
Rhode Island
South Carolina
Texas
Utah
Washington, D.C.

IF YOU LIVE IN A STATE THAT DOES RECOGNIZE COMMON LAW MARRIAGE: If you live in one of the above states and you "hold yourself out to be married" (by telling the community you are married, calling each other husband and wife, using the same last name, filing joint income tax returns, etc.), you can have a common law marriage (for more information on the specific requirements of each state, see next page). Common law marriage makes you a legally married couple in every way, even though you never obtained a marriage license. If you choose to end your relationship, you must get a divorce, even though you never had a wedding. Legally, common law married couples must play by all the same rules as "regular" married couples. If you live in one of the common law states and don't want your relationship to become a common law marriage, you must be clear that it is your intention not to marry. The attorneys who wrote Living Together (additional information below) recommend an agreement in writing that both partners sign and date: "Jane Smith and John Doe agree as follows: That they've been and plan to continue living together as two free, independent beings and that neither has ever intended to enter into any form of marriage, common law or otherwise."

IF YOU LIVE IN A STATE THAT DOES NOT RECOGNIZE COMMON LAW MARRIAGE, there is no way to form a common law marriage, no matter how long you live with your partner. There is one catch: if you spend time in a state that does recognize common law marriage, "hold yourself out as married," and then return or move to a state that doesn't recognize it, you are still married (since states all recognize marriages that occurred in other states). However, this is murky legal territory and we don't recommend experimenting with it!

I think the article said they were in California, which as you can see is not on the list of states that recognize common-law marriage.

[Haflinger]

Actually, that's kinda interesting but it has nothing to do with it. Her common-law husband was in the Philippines, and as you can see there all states recognize people as married if they were legally married somewhere else.

Still it's interesting, because it suggests that Mormons and Muslims and others who want to exceed the normal licensed marriage limit can simply get married in those other states that don't recognize common-law marriages and not get a license. I'd be very interested in seeing how the bigamy laws are worded in states that don't use common-law marriage.

Incidentally up here, you don't have to hold yourself out as married in order to be determined to be common-law; it is enough that you act as if you're married, which is something that a judge decides, and you remain in a romantic relationship and cohabit for two years or more.

[ᗅᗺᗷᗅ]

No state would recognize a common-law marriage from anywhere without the proper paperwork. I don't know anything about Filipino marriage laws, but m

[Thrash]

and as you can see there all states recognize people as married if they were legally married somewhere else.

Wut? No.

If gay people get married in another state and they move to one that doesn't support gay marriage, guess what? Not married anymore.

[ᗅᗺᗷᗅ]

and as you can see there all states recognize people as married if they were legally married somewhere else.

Wut? No.

If gay people get married in another state and they move to one that doesn't support gay marriage, guess what? Not married anymore.

Guess what? You're wrong. Article IV, Section 1 of the United States Constitution:

"Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State."

In other words, states have to recognize marriages performed in other states.