GLBT Travelers - Same-sex married couples & US Customs

(I also posted this on the checkpoints board, but perhaps someone here also knows...)
I recall seeing a proposed rule change a few months ago to allow same-sex married couples to only fill out a single form and to appear together when reentering the US.

(1) Does anyone know if this has been adopted (and if I recall it correctly)?

(2) I'm applying for a Secure Entry card and authorization. If the procedures have changed - would it also apply to that program - can my card work for both of us?

Mark

In my experience it has been at the discretion of the officer. We have had no problems using one form in some states while others (Texas) they made it an issue. We both now use Global Entry so the whole point is moot since we just check in at the kiosk individually.

Hope it helps.

laloglz

(2) I'm applying for a Secure Entry card and authorization. If the procedures have changed - would it also apply to that program - can my card work for both of us?

No. Each person must have their own Global Entry card.

(1) I agree, it's at the discrtion of the guard. You may wish to each individually fill out a card anyway, just in case you get one who isn't so hip to the idea of two guys showing up together. You might be sent to the back of the line to fill out the "proper" paperwork.

(2) It doesn't matter whether you're straight, gay or anything in between - each individual must have a separate Global Entry card and go through individual screening via the trusted traveler's program.

I would think that federal regulation trump individual state laws. So even if your state recognizes and allowed you to get married.... the U.S. Customs is a federal office and they do not recognize your marriage.

My partner and I came thru customs a few weeks ago and had no problem going through together. We also had our kids with us (both of us legal parents). No one batted an eye. Good luck!

We travel to the US from Canada and will not attempt to do that and it is not recommended. Do it at your own risk. But when we return to Canada we fill out one form and it is ok with our authorities.

When my partner and I returned through CLT a few weeks ago, the officer let us go through together, but we each had a separate declaration form completed. He warned us that by going through together, if either of us had any issues, we'd both have to do the secondary screening. :rolleyes:

It turned out we were fine in the end.

It's always funny when we speculate instead of just using our friend Google ;-)

This CBP rule was proposed on March 27, 2012. It was put out for 60-day public comment. A final rule has not yet been published (i.e., put into effect.)

You can follow along with the docket here: http://www.regulations.gov/#!docketDetail;dct=FR%252BPR%252BN%252BO%252BSR%25 2BPS;rpp=25;po=0;D=USCBP-2012-0008

In relevant part, "CBP also is proposing that the definition [of "members of a family residing in one household"] include two adult individuals in a committed relationship wherein the partners share financial assets and obligations, and are not married to, or a partner of, anyone else, including, but not limited to, long-time companions, and couples in civil unions or domestic partnerships."

Interesting, thanks for pointing that out.

We came through in Atlanta together in June and had no problem.

As others have stated, ignore the blue form altogether and (individually) just use Global Entry. Faster, means no filling in forms on the plane, etc.

*On a related note, I've noticed how flight attendants, CSD's etc on many airlines still say 'this blue customs form must be filled in by absolutely everyone, one per family' etc when in fact the Global Entry cardholders don't need it. Minor technicality ;)

In my experience it has been at the discretion of the officer. We have had no problems using one form in some states while others (Texas) they made it an issue. We both now use Global Entry so the whole point is moot since we just check in at the kiosk individually.

Hope it helps.

laloglz

Wow, Texas hassled you about this! What a surprise! </sarcasm> ;)

As others have stated, ignore the blue form altogether and (individually) just use Global Entry. Faster, means no filling in forms on the plane, etc.

*On a related note, I've noticed how flight attendants, CSD's etc on many airlines still say 'this blue customs form must be filled in by absolutely everyone, one per family' etc when in fact the Global Entry cardholders don't need it. Minor technicality ;)

I thought you still need to complete one as a backup, in case you get the dreaded big X and had to see an officer.

It's always funny when we speculate instead of just using our friend Google ;-)

This CBP rule was proposed on March 27, 2012. It was put out for 60-day public comment. A final rule has not yet been published (i.e., put into effect.)

You can follow along with the docket here: http://www.regulations.gov/#!docketDetail;dct=FR%252BPR%252BN%252BO%252BSR%25 2BPS;rpp=25;po=0;D=USCBP-2012-0008

In relevant part, "CBP also is proposing that the definition [of "members of a family residing in one household"] include two adult individuals in a committed relationship wherein the partners share financial assets and obligations, and are not married to, or a partner of, anyone else, including, but not limited to, long-time companions, and couples in civil unions or domestic partnerships."

I understand that this rule (has it been adopted yet?) would only apply to residents of the US. That seems very odd to me and is the subject of an understandable complaint from the Canadian Embassy. I have to say that I find it less and less acceptable when my husband and I present ourselves as two different people at border control. I wonder if the average American realises how offensive that is.

I 110% agree with you BUT until we are given 100% equal rights this type of situation will continue to irritate the crap our of
Us...

I 110% agree with you BUT until we are given 100% equal rights this type of situation will continue to irritate the crap our of
Us...

Indeed. I have now taken to complaining each and every time. And so far every agent has agred it's silly. (They may just be being polite of course.)

My husband and I always present together and let the officer decide what to do. Most allow us to go through together, but one in Texas made us go to separate lines. We now have a newly adopted daughter, which will make going to separate lines all that much more obnoxious.

"The department of homeland security has agreed to consider same-sex partners as being in a "family relationship" during immigration proceedings", according to this article (http://www.guardian.co.uk/world/2012/sep/28/department-homeland-security-same-sex-immigration) in today's Guardian.

It seems that this change, put in writing in a letter from the DHS secretary, Janet Napolitano, is intended to deal with same-sex couples who are separated when one cannot stay legally in the country, but the wording sounds more general. I don't see why it wouldn't also apply to the issues mentioned in this thread.

"The department of homeland security has agreed to consider same-sex partners as being in a "family relationship" during immigration proceedings", according to this article (http://www.guardian.co.uk/world/2012/sep/28/department-homeland-security-same-sex-immigration) in today's Guardian.

It seems that this change, put in writing in a letter from the DHS secretary, Janet Napolitano, is intended to deal with same-sex couples who are separated when one cannot stay legally in the country, but the wording sounds more general. I don't see why it wouldn't also apply to the issues mentioned in this thread.

Sounds like a change for the better. I hope this becomes policy.

The DOJ is even going to give illegal immigrates who are same sex partners equal rights.

No one has nothing to be concerend with,

Adding another data point: Went through SFO a few days ago together with my partner. The officer did ask what is our relationship. When I replied that we are partners, he continued with his list of standard questions. No issues.

Ironically, my husband and I flew in to SFO together last month and were hassled "We're feds - we don't recognize your marriage." My husband was in a wheelchair at the time because of an injury, so I said "that's fine, but I am helping him through as his attendant." Response: "wait behind the yellow line sir." Maybe I just got a curmudgeon, but he certainly hadn't read the memo...

Ironically, we had no problems coming through at DFW and MIA earlier this year...

Has anyone entered the States with a US citizen and foreign partner traveling on VWP?

My bf and I are living in Germany together and headed to see my parents in California for Christmas. Can we use the (shorter) US citizens line, or will we have to split up?

Has anyone entered the States with a US citizen and foreign partner traveling on VWP?

My bf and I are living in Germany together and headed to see my parents in California for Christmas. Can we use the (shorter) US citizens line, or will we have to split up?

You'll have to split up, AFAIK. But look on the bright side: Germans have a very easy time entering the US, IME. So if he legs it from the plane to the USINS line, he won't be very long. Also, you will have (hopefully) recouped the bags already - what a wonderful bf you are!:D

... So if he legs it from the plane to the USINS line, he won't be very long. ...

Unless the two of you arrive at Chicago O'Hare, in which case the non-U.S. citizen/resident line would be nearly 3 hours long.

Ironically, my husband and I flew in to SFO together last month and were hassled "We're feds - we don't recognize your marriage." My husband was in a wheelchair at the time because of an injury, so I said "that's fine, but I am helping him through as his attendant." Response: "wait behind the yellow line sir." Maybe I just got a curmudgeon, but he certainly hadn't read the memo...

Ironically, we had no problems coming through at DFW and MIA earlier this year...

Wow, that's so surprising to hear, esp at SFO.

Ironically, my husband and I flew in to SFO together last month and were hassled "We're feds - we don't recognize your marriage." My husband was in a wheelchair at the time because of an injury, so I said "that's fine, but I am helping him through as his attendant." Response: "wait behind the yellow line sir." Maybe I just got a curmudgeon, but he certainly hadn't read the memo...

Ironically, we had no problems coming through at DFW and MIA earlier this year...

Simple, get his name and ID #, and then write a nice letter. It doesn't matter if he is fed or not, showing respect is what it is all about.

So an update on my (non-citizen) boyfriend and me going through. We decided it would be easier to split up into the non-resident and citizen lines since the lines were very short. The non-resident immigration officer joked with my boyfriend, and asked where I was and why we didn't come through together.

Yesterday, we walked across the border to Mexico from San Diego and back. Coming back to the US was a breeze, we both talked to the immigration officer for less than a minute and said we lived together in Germany. In short, it wasn't a problem at all with me entering jointly as a citizen and him entering via VWP.

I am always angry going through customs with my partner of 30 years.... Married for five....

It is like we don't exist.

Partner of many years accompanying me to America (in fact to get married). He is Taiwanese (VWP). The 'new wrinkle' is that he is deaf; he reads lips but that always has limitations, and under these circumstances I'm afraid he might face a hostile INS officer on his own.

Can he (probably) go through the citizens line with me? Or can I go through the non-citizens line with him? I myself have never seen non-citizens line to be shorter, so I hope the former. Haven't got tickets yet, but would probably arrive in SFO, Chicago, or possibly Newark.

Partner of many years accompanying me to America (in fact to get married). He is Taiwanese (VWP). The 'new wrinkle' is that he is deaf; he reads lips but that always has limitations, and under these circumstances I'm afraid he might face a hostile INS officer on his own.

Can he (probably) go through the citizens line with me? Or can I go through the non-citizens line with him? I myself have never seen non-citizens line to be shorter, so I hope the former. Haven't got tickets yet, but would probably arrive in SFO, Chicago, or possibly Newark.

This is a very complicated situation and I strongly recommend that you talk to an immigration attorney in the U.S. before your fiance tries to come for the wedding. There are countless stories of fiancees being sent home when they tried to enter on the VWP because telling immigration that you plan to marry a U.S. citizen can be used to show that you intend to immigrate rather than visit and leave. The wrong immigration officer here (or even a neutral one) could ruin what should be a very happy occasion.

This is a very complicated situation and I strongly recommend that you talk to an immigration attorney in the U.S. before your fiance tries to come for the wedding. There are countless stories of fiancees being sent home when they tried to enter on the VWP because telling immigration that you plan to marry a U.S. citizen can be used to show that you intend to immigrate rather than visit and leave. The wrong immigration officer here (or even a neutral one) could ruin what should be a very happy occasion.

Plus, the US gov't doesn't recognize same sex marriage (yet), so as things stand your partner is not eligible for the VWP.

Plus, the US gov't doesn't recognize same sex marriage (yet), so as things stand your partner is not eligible for the VWP.

Correct that federal law will not recognize the eventual marriage, but you don't need to be married or to be getting married to come in under the VWP. I worry that the ICE office will say that coming in to get married (for an unrecognized marriage) is not a proper use of the VWP, or that the ICE office will use the intended marriage as evidence that the partner does not intend to leave the U.S. within the required time frame, and then deny entry.