Prop 8

[chaoticdebris]

What is the name of your state (only U.S. law)? California

I am newly married in California and from Canada. I was denied entry into the US and told not to return with out a Visa. I've never had a problem entering into the US before. My Questions are what happens if the prop 8 is a yes? What happens to the people already married prior to the voting date? Is the 1-130 Visa still valid?

 

[tranquility]

Nobody knows what will happen. It is new territory and it will be a bit of a mess. While I will strongly vote no on the proposition (and have a sign up at my house), I think the CA supreme court stretched credulity in finding a Constitutional Right for same sex couples to marry. It was a terrible decision which rightfully angers people who think judges are just making things up. I think the decision is the cause for the probable passing of the proposition and the CA supremes will have a lot of litigation hitting its doors in the next few years to clean up the mess they created.

 

[evcalyptos]

What is the name of your state (only U.S. law)? California

I am newly married in California and from Canada. I was denied entry into the US and told not to return with out a Visa. I've never had a problem entering into the US before. My Questions are what happens if the prop 8 is a yes? What happens to the people already married prior to the voting date? Is the 1-130 Visa still valid?

Since you've mentioned Proposition 8, I'll have to guess.. you are married in a same-sex marriage?

If so there is NO immigration benefit you can gain from that relationship. The Defense of Marriage Act overrides any state law that allows you to be a 'spouse' in that State (went through the same thing in Oregon already). Since immigration is a Federal issue, the State laws may not over ride it.

Your USC spouse may not file I-130 for a same sex 'spouse' (I use the quotes because there is a specific legal definition for spouse that is one man/one woman).

If you now need a visa to the US, you'll have to apply on your own. Have you looked into a TN visa?