# Unusual situation: American citizen with NZ resident spouse (lesbian couple)



## jaebaeli (Jun 16, 2013)

I am a female American citizen who moved to New Zealand to live with and legally marry my female partner. I want to move her and her children with me back to America (to my home state of Colorado). We are legal partners here, and will have official marriage (also legal in NZ) soon. I'm having trouble finding out how to go about doing this, especially if we move sooner and bring her children who are not legal adults quite yet. 

She and I are both Indie Authors, and so we work at home. I am a U.S. Veteran, and receive 100% disability, and hopefully the DOMA situation will be handled so that she will be recognized in the U.S. as my spouse, and hopefully, it will allow her access to healthcare through the VA, as my spouse. With that in mind, I'm trying to plan according to what our options are to get her and her kids to America with me. She will be getting residency there as my partner, (it's where we want to retire together) Her children, when they are of legal age, will either stay there and go to college, or go wherever their lives take them. (She already has one older son who lives and works in the U.S.)

We are also wondering about options for healthcare for them as expats from New Zealand.

Does anyone know where i can find information on how to make this happen?
I appreciate any insights.


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## Crawford (Jan 23, 2011)

jaebaeli said:


> I am a female American citizen who moved to New Zealand to live with and legally marry my female partner. I want to move her and her children with me back to America (to my home state of Colorado). We are legal partners here, and will have official marriage (also legal in NZ) soon. I'm having trouble finding out how to go about doing this, especially if we move sooner and bring her children who are not legal adults quite yet.
> 
> She and I are both Indie Authors, and so we work at home. I am a U.S. Veteran, and receive 100% disability, and hopefully the DOMA situation will be handled so that she will be recognized in the U.S. as my spouse, and hopefully, it will allow her access to healthcare through the VA, as my spouse. With that in mind, I'm trying to plan according to what our options are to get her and her kids to America with me. She will be getting residency there as my partner, (it's where we want to retire together) Her children, when they are of legal age, will either stay there and go to college, or go wherever their lives take them. (She already has one older son who lives and works in the U.S.)
> 
> ...


Until such time as same sex partnerships are recognised by US Immigration you have no options if this is the only route available to you.


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## twostep (Apr 3, 2008)

Can the son in the US obtain citizenship through Green Card sponsored by employer?

Current US immigration law does not recognize your partnership.


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## jaebaeli (Jun 16, 2013)

Oh, believe me, i know US Immigration doesn't recognize our relationship....we will be legally married here soon, as gay marriage has been accepted here for a long time. We are watching to see what happens with the DOMA supreme court issue later this month. But i believe that my partner and her children can just use a passport, but don't have to get a visa because of the agreement between the two countries. I got a visitor's visa for NZ and am about to get my partnership residency next month. (I've been here almost a year). 

But I was hoping there might be a military veteran or two who has dealt with this. Or if anyone knows about things like healthcare options for expats of NZ. Any info is appreciated.


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## twostep (Apr 3, 2008)

New Zealand pass port holders can apply for VWP through ESTA which if granted allows entry to the US for up to 90 days. B2 - up to 180 days - requires application and binding ties. With school age children it may be a gamble. Both are non-immigrant visas for tourist purposes. No work in the US. 

Just FYI - We just had a similar scenario on an other forum where the non-US partner overstayed the 90 day VWP (the reason given there was illness of the US partner) and was deported with a 10-year non-entry penalty when she tried to enter the US three years later.

You have to research healthcare options in NZ; double check the number of days out of country which will be covered. Without I94 or SS# you will find it next to impossible to find coverage in the US. If you do - please share the information for other posters.

How do you plan to handle the school situation for the children?


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## Crawford (Jan 23, 2011)

jaebaeli said:


> Oh, believe me, i know US Immigration doesn't recognize our relationship....we will be legally married here soon, as gay marriage has been accepted here for a long time. We are watching to see what happens with the DOMA supreme court issue later this month. But i believe that my partner and her children can just use a passport, but don't have to get a visa because of the agreement between the two countries. I got a visitor's visa for NZ and am about to get my partnership residency next month. (I've been here almost a year).
> 
> But I was hoping there might be a military veteran or two who has dealt with this. Or if anyone knows about things like healthcare options for expats of NZ. Any info is appreciated.


There is no agreement between the US and NZ for immigration. Your partner would need a visa to live in the US. Since currently that cannot be a spouse visa it would need to be a work or investment visa. She cannot enter as a tourist and remain in the country.

Similarly,unless there are special veteran options, there are no specific healthcare options for NZ ex pats. 

Just like everyone else, you would need to apply to various US health insurance companies for cover, quoting your health history and any recognisable past coverage which might be taken into consideration for pre-conditions.


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## sailor 1986 (Jun 18, 2013)

Being a veteran (100% disable), you know that same sex couple is not recognized in the DOD.
(I am retired Navy myself...)So forget about getting your spouse health care benefits from VA.
You will have to get it from the employer or any private company...

For questions on visa...I suggest you visit the nearest US embassy in NZ, they should be able to give you information/proper procedures in obtaining visa.


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