Married Gay Couple Loses Immigration Battle

Bradford Wells, who is an American citizen, and his husband, Anthony John Makk, a citizen of Australia, were married seven years ago in Massachusetts. They have lived together as a couple for 19 years.

Citing the Defense of Marriage Act, the U.S. Citizenship and Immigration Services has officially denied Makk’s application to be considered for permanent residency as a spouse of an American citizen. Makk has been ordered to leave the United States by August 25th. Makk is the sole caregiver for Wells, who has debilitating health problems.

“I’m married just like any other married person in this country,” Wells said. “At this point, the government can come in and take my husband and deport him. It’s infuriating. It’s upsetting. I have no power, no right to keep my husband in this country. I love this country, I live here, I pay taxes and I have no right to share my home with the person I married.”

The DOMA-based denial of the I-130 visa, which would have allowed Makk to apply for permanent U.S. residency, read “The claimed relationship between the petitioner and the beneficiary is not a petitionable relationship. For a relationship to qualify as a marriage for purposes of federal law, one partner must be a man and the other a woman.”

Rep. Nancy Pelosi, D-San Francisco, has contacted immigration officials on behalf of the couple.

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