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sfp123

Member
Aug 19, 2012
19
1
Victoria, BC
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Ottawa
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November 5, 2012
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April 9, 2013
Hi there,

I'm pretty sure I know the answer but I want to double check.

If my same-sex partner and I get married in New York state (where marriage IS legal), that wedding is acceptable for Canadian immigration purposes, right?

Can anyone think of any complication with doing it that way? Any chance that if they later revoke same-sex marriage, we'd run into problems? Anything at all!? Would we be safer doing it in Canada, just to be sure, or is it a pretty safe bet to do it in NY?

Thanks in advance!
sfp
 
New York is fine, and even if they were to revoke same-sex marriage it should be okay. Here's what the CIC has to say:
http://www.cic.gc.ca/english/immigrate/sponsor/spouse-apply-who.asp#definitions

The list of jurisdictions there is out of date, but the important thing to note is this:
  • the State of California (June 16, 2008 – November 5, 2008)

This shows that they accept California same-sex marriage, even though California does not currently allow same-sex marriage, as long as the marriage was legal where and when it was performed, and also in Canada. This implies that they'd accept a NY marriage even if NY were to ban same-sex marriage after your marriage was performed. Of course, this doesn't apply if your marriage would NOT be legal in Canada--say, if you were closely related, or if one of you was underage.

Congratulations on your upcoming wedding, by the way :)