US Indymedia Global Indymedia Publish About us
Printed from Boston IMC : http://boston.indymedia.org/
Boston.Indymedia
IVAW Winter Soldier

Winter Soldier
Testimonies
Brad Presente

Other Local News

Spare Change News
Open Media Boston
Somerville Voices
Cradle of Liberty
The Sword and Shield

Local Radio Shows

WMBR 88.1 FM
What's Left
WEDS at 8:00 pm
Local Edition
FRI (alt) at 5:30 pm

WMFO 91.5 FM
Socialist Alternative
SUN 11:00 am

WZBC 90.3 FM
Sounds of Dissent
SAT at 11:00 am
Truth and Justice Radio
SUN at 6:00 am

Create account Log in
Comment on this article | Email this article | Printer-friendly version
Hidden with code "Submitted as Feature"
News :: GLBT/Queer
Rights to Immigration of Same-Sex Bi-national Married Couple
11 Apr 2005
For many communities who have tried to plant roots in the United States, we live in a time of great uncertainty. Everyday we face more limitations on being able to continue with our work and lives in the US, and everyday people like us have to make decisions on how to leave a large part of ourselves behind in order to be able to survive the best way that we can. We are a bi-national, married, same-sex couple who write to you to share our testimony as a couple living in exile from the United States who desire to reunite with our communities. We are looking for ways to tell our story from the other end of the continent, and we hope that you might sign on to these words as individuals or as organizations in order to support our case.
Cap0040.BMP
To: Organizations and Individuals
Re: Rights to Immigration of Same-Sex Bi-national Married Couple
Contact: Hana Tauber & Miriam Morales, hana (at) riseup.net and m_morales (at) riseup.net

April 10th, 2005

To Whom It May Concern:

For many communities who have tried to plant roots in the United States, we live in a time of great uncertainty. Everyday we face more limitations on being able to continue with our work and lives in the US, and everyday people like us have to make decisions on how to leave a large part of ourselves behind in order to be able to survive the best way that we can. We are a bi-national, married, same-sex couple who write to you to share our testimony as a couple living in exile from the United States who desire to reunite with our communities. We are looking for ways to tell our story from the other end of the continent, and we hope that you might sign on to these words as individuals or as organizations in order to support our case.

We are fortunate to be included among the couples of Massachusetts who have been able to legally marry and acknowledged on a state level. Among family and friends, we were married in East Boston on May 23rd, 2004 the weekend just after same-sex marriages became legal on May 17th, 2004. What marked us as different among the rest of couples is that we were one of the few couples and perhaps the only couple that consisted of a US citizen and an undocumented immigrant partner. Within standard immigration law, married couples are allowed to sponsor their immigrant partner for residency, but gay couples are barred from this and other federal benefits because of the 1996 Defense of Marriage Act.

Miriam was an undocumented immigrant in the US who could not resolve her legal status and now faces a 10 year penalty for re-entry unless sponsored by a family member (who could only be Hana, as her spouse). No one encouraged the marriage of couples like us this since coming forward puts the immigrant partner at risk, but we were ready to return to Miriam’s country of origin, Uruguay, since we realized that if Hana was unable to provide the protection forMiriam, we could not continue to live in the US in a stable and safe situation. Because of our choice, we are one of the few and perhaps only bi-national couples that consisted of a US citizen and an undocumented immigrant partner that could get married and go through this process.

Before our departure to Uruguay, we married in East Boston and Hana filed a petition to immigration to give Miriam residency. The week after our marriage and a few days before our departure, the City of Providence, where we temporarily worked and studied, officially acknowledged our marriage. Another step was that the Uruguayan consulate in New York and the Internal Ministry of Uruguay recognize our marriage, and Hana is currently in the process of applying for Uruguayan residency. However, we still are not able to do anything to re-enter the US together and give Miriam residency from Hana’s home country. We believe that if gay people are considered full citizens in the United States, than we should have the right to bestow the protections of our citizenship for our partners, just as any other couple consisting of an immigrant and US citizen.

On March 15th, 2005, the United States Citizenship and Immigration Services issued us a letter stating that Hana’s petition for Miriam as her spouse will be denied by immigration since the federal government is not bounded by state law that sanctions same-sex marriages. Specifically the 1996 Defense of Marriage Act defines any marriage for purposes of federal law, to be between a man and a woman. We were told that because our case involves “unusually complex or novel issues of law” immigration would automatically forwarded our case to the Board of Immigration Appeals for their review where we can submit a written brief to defend our petition. If we are rejected from the Board of Immigration Appeals, we can choose to appeal our case to the Federal Circuit Courts, and if rejected there, to appeal the case to the US Supreme Court.

Before we can consider moving our case forward to the federal court level, we need to share the story of our case and find more support for our cause. We would like to use this time to look for allies and/or others who find themselves in a similar situation, and to others who are also trying to find an alternative for living together with the right to movement and stability in their communities, wherever they might be. We request that you share this letter with your networks of individuals and organizations to see if they will sign on for support.

We thank you for your solidarity!

Sincerely,


Hana Tauber & Miriam Morales


Please fill in your information below and forward it to hana (at) riseup.net and m_morales (at) riseup.net. Thank you for your support!

Name Organization Address E-mail Telephone
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.