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US Immigration Law

As of 18 May 2005, it is legal for you to get married and use your marriage as basis for you (if your spouse is a US citizen) or your spouse (if you are a US citizen) immigrating to the US, if your marriage is legally seen as heterosexual (i.e., you are a trans man with documentation that says Male and are marrying a woman, or you are a trans woman with documentation that says Female and are marrying a man). While same-sex marriage is currently legal in Massachusetts, it is not federally recognised and therefore cannot be used for immigration purposes whether either of you is Trans or not.

Prior to 18 May 2005, it was illegal for a couple to use their marriage as basis for one of them to immigrate to the US if either of them was Trans, even if their marriage was seen as legally heterosexual and recognised as legally valid in the state where they got married. The 18 May 2005 decision, Matter of Lovo, is a big deal and groundbreaking in terms of basic rights for Trans people.

See BIA Upholds Validity Of Marriage Where One Spouse Is Transsexual for all the details on this.