Couldn't the INS 'get' these guys if they misrepresented themselves by filling out two forms,
instead of what they (reasonably) assumed what they had to do (fill out one form), and did?
Wouldn't it be worse if they 'lied' to US immigration officials that they were not married?
Even if you are caught lying about a small detail, you could be barred (even permanently)
from entry into the US.
If they 'pretended' to be single, and in fact, by Canadian law of their place of residence,
they WERE married, wouldn't they be violating US immigration law by declaring otherwise?
Or did they go from being married, to not being married, as they stepped over that line at YYZ?
Perhaps both sides are over-reacting somewhat here.
The US should recognize the legal status of residents and citizens of other countries wanting
to enter the US, especially if they have reciprocal agreements.
However, if US citizens claimed that they were married, they would be evaluated according to
the the laws of their country of citizenship (the US). Then a gay couple that came across
the border to get married in Canada would have to re-enter and live their lives in the US as
separate individuals, according to the laws of the land of their residence and citizenship.
Unfortunately, any reciprocal agreement between the US and Canada (actually individual
provinces only so far, which means no universal, over-riding federal agreement of reciprocity),
as to married status, does not work for same-sex couples in the US, whether it be economic
benefits or penalties, or recognition of status at the border...
And yes, there is one form per family. You fill out the same form, even if you are one individual.
[This message has been edited by IJK (edited 09-18-2003).]