San Francisco Chronicle: Bradford Wells and Anthony John Makk lived most of the 19 years of their relationship in happy privacy in San Francisco's Castro district, having no inkling that they would become international poster boys of the fight for same-sex marriage and immigration rights for spouses who are citizens of other nations.
On Wednesday, the couple met privately in Washington for half an hour with their representative, House Minority Leader Nancy Pelosi, visited congressional offices and headlined an evening reception by Immigration Equality, the group giving them legal aid in their fight.
"I'm as married as any other married man in this country," Wells said Wednesday at a briefing for congressional staff. "My marriage is legally recognized in the state I live in. But the government is forcing me to choose between losing my family or losing my country."
Makk, a citizen of Australia, and Wells, a U.S. citizen with severe medical complications from AIDS, were married seven years ago in Massachusetts. Makk faces potential deportation, having been denied spousal immigration rights under the 1996 Defense of Marriage Act. The law, commonly known as DOMA, denies same-sex couples all federal marital benefits, such as tax preferences, Social Security and spousal immigration rights.
Makk is Wells' sole caregiver.
"I am convinced I would not be here," were it not for Makk's care, Wells said. "He is everything I ever wanted in a relationship. He gives me a motivation to live."
Visas ran out
Makk and Wells are asking the Obama administration to keep alive their application for spousal immigration rights, known as an I-130 visa, that the administration denied to them in July. On Aug. 25, a series of visas that Makk had used to stay legally in the United States finally ran out. Despite having filed an appeal, Makk is now in the country illegally.
Since The Chronicle first wrote about their plight in June, they have drawn international media attention. Strangers have offered their basements to harbor Makk from immigration authorities. "There are a lot of basements in the United States," Makk said. "We've been overwhelmed by the amount of compassion we've received."
At first, they said, they were fighting only for themselves, but now feel they represent all of the estimated 36,000 binational same-sex couples who are barred from spousal immigration benefits.
"What's going to help us is going to help them, we hope," Makk said. "We didn't think that all this was going to happen. Why would anybody be interested in us? We're just a couple of guys living in obscurity. We like living our life privately. This has been very difficult to just display our entire life in front of the country, in front of the world."
Still, he said, "the public support has been moving."
Legal means
The couple and their attorney, Tom Plummer of Immigration Equality, are adamant that Makk not attempt to reside in the country permanently without a visa. Until his appeal was denied, Makk had lived in the United States legally. If he remains, he would face potential deportation for having broken immigration laws even if the Defense of Marriage Act were repealed. Once deported, he would face a 10-year ban on returning.
"We are people used to living on the right side of the law," Wells said. Makk is also unable to travel to Australia. The death of his father in May and his repeated visits home on a tourist visa led to a warning from immigration officials at San Francisco International Airport that he would be denied admission if he left again.
In their meeting with Pelosi, the couple told their personal story and described their life in San Francisco. They said that on a surprise visit this year to Pelosi's San Francisco office, an aide recognized them and took them inside, where they saw their 2 1/2-inch-thick file on a desk, its pages ruffled and tagged with yellow notes.
"It was obvious her office was doing everything they could," Wells said. "I know she is doing everything she can."
Two bills spearheaded by Rep. Jerrold Nadler, D-N.Y., would solve the immigration problem for binational same-sex couples. The Respect for Marriage Act, co-sponsored by Sen. Dianne Feinstein, D-Calif., would repeal DOMA. The Uniting American Families Act, sponsored by Sen. Barbara Boxer, D-Calif., would lift the restriction on same-sex spousal immigration.
The Obama administration continues to enforce the same-sex marriage ban even though it stopped defending the law in February, arguing that it violates equal protection rights. With six states and the District of Columbia now granting marriage licenses to same-sex couples, the law is under challenge in numerous courts and is expected to reach the U.S. Supreme Court within two years.
Delay sought
Rep. Zoe Lofgren, D-San Jose, the ranking Democrat on the House Judiciary Committee's immigration panel, asked the administration in April to put spousal petitions on hold until DOMA's constitutionality is settled.
The White House refused but in August said it would conduct a case-by-case review of more than 300,000 pending deportations to determine which cases to pursue and which to ignore on the basis of family relationships, criminal history and other factors. Pelosi and 68 other members of Congress have asked the administration to officially include same-sex married couples in the definition of family.
Republicans and groups opposing expanded immigration denounced the new policy as "backdoor amnesty."
Makk said his case is no such thing because he is asking for equal treatment under the law.
"We're not asking for anything other than what is given to heterosexual married couples," Makk said. He meets every qualification for legal residence except for being in a same-sex marriage, he said. Were it not for DOMA, he said, "I would have been a citizen by now."
On Wednesday, the couple met privately in Washington for half an hour with their representative, House Minority Leader Nancy Pelosi, visited congressional offices and headlined an evening reception by Immigration Equality, the group giving them legal aid in their fight.
"I'm as married as any other married man in this country," Wells said Wednesday at a briefing for congressional staff. "My marriage is legally recognized in the state I live in. But the government is forcing me to choose between losing my family or losing my country."
Makk, a citizen of Australia, and Wells, a U.S. citizen with severe medical complications from AIDS, were married seven years ago in Massachusetts. Makk faces potential deportation, having been denied spousal immigration rights under the 1996 Defense of Marriage Act. The law, commonly known as DOMA, denies same-sex couples all federal marital benefits, such as tax preferences, Social Security and spousal immigration rights.
Makk is Wells' sole caregiver.
"I am convinced I would not be here," were it not for Makk's care, Wells said. "He is everything I ever wanted in a relationship. He gives me a motivation to live."
Visas ran out
Makk and Wells are asking the Obama administration to keep alive their application for spousal immigration rights, known as an I-130 visa, that the administration denied to them in July. On Aug. 25, a series of visas that Makk had used to stay legally in the United States finally ran out. Despite having filed an appeal, Makk is now in the country illegally.
Since The Chronicle first wrote about their plight in June, they have drawn international media attention. Strangers have offered their basements to harbor Makk from immigration authorities. "There are a lot of basements in the United States," Makk said. "We've been overwhelmed by the amount of compassion we've received."
At first, they said, they were fighting only for themselves, but now feel they represent all of the estimated 36,000 binational same-sex couples who are barred from spousal immigration benefits.
"What's going to help us is going to help them, we hope," Makk said. "We didn't think that all this was going to happen. Why would anybody be interested in us? We're just a couple of guys living in obscurity. We like living our life privately. This has been very difficult to just display our entire life in front of the country, in front of the world."
Still, he said, "the public support has been moving."
Legal means
The couple and their attorney, Tom Plummer of Immigration Equality, are adamant that Makk not attempt to reside in the country permanently without a visa. Until his appeal was denied, Makk had lived in the United States legally. If he remains, he would face potential deportation for having broken immigration laws even if the Defense of Marriage Act were repealed. Once deported, he would face a 10-year ban on returning.
"We are people used to living on the right side of the law," Wells said. Makk is also unable to travel to Australia. The death of his father in May and his repeated visits home on a tourist visa led to a warning from immigration officials at San Francisco International Airport that he would be denied admission if he left again.
In their meeting with Pelosi, the couple told their personal story and described their life in San Francisco. They said that on a surprise visit this year to Pelosi's San Francisco office, an aide recognized them and took them inside, where they saw their 2 1/2-inch-thick file on a desk, its pages ruffled and tagged with yellow notes.
"It was obvious her office was doing everything they could," Wells said. "I know she is doing everything she can."
Two bills spearheaded by Rep. Jerrold Nadler, D-N.Y., would solve the immigration problem for binational same-sex couples. The Respect for Marriage Act, co-sponsored by Sen. Dianne Feinstein, D-Calif., would repeal DOMA. The Uniting American Families Act, sponsored by Sen. Barbara Boxer, D-Calif., would lift the restriction on same-sex spousal immigration.
The Obama administration continues to enforce the same-sex marriage ban even though it stopped defending the law in February, arguing that it violates equal protection rights. With six states and the District of Columbia now granting marriage licenses to same-sex couples, the law is under challenge in numerous courts and is expected to reach the U.S. Supreme Court within two years.
Delay sought
Rep. Zoe Lofgren, D-San Jose, the ranking Democrat on the House Judiciary Committee's immigration panel, asked the administration in April to put spousal petitions on hold until DOMA's constitutionality is settled.
The White House refused but in August said it would conduct a case-by-case review of more than 300,000 pending deportations to determine which cases to pursue and which to ignore on the basis of family relationships, criminal history and other factors. Pelosi and 68 other members of Congress have asked the administration to officially include same-sex married couples in the definition of family.
Republicans and groups opposing expanded immigration denounced the new policy as "backdoor amnesty."
Makk said his case is no such thing because he is asking for equal treatment under the law.
"We're not asking for anything other than what is given to heterosexual married couples," Makk said. He meets every qualification for legal residence except for being in a same-sex marriage, he said. Were it not for DOMA, he said, "I would have been a citizen by now."
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