Now that the U.S. Supreme court has overturned DOMA and the Federal govenment is recognizing same sex marriage, are there any legal reasons I should marry my Thai partner?

We have been together 10 years and don't plan to live in the U.S. - so I don't think he can apply for citizenship without residency -

I will receive both a pension and social secuirty - will have to check if, as a legal spouse, he would receive survivor benefits.

US taxes: I found the first link about filing a joint return as a U.S. citizen with a non-resident, non-citizen spouse:

http://americansabroad.org/issues/taxation/us-tax-implications-of-a-non-american-spouse/

From the above link, I can do so - but it says we must declare the spouse's worldwide income, my question is if his Thailand income is included in the abroad exemption from this link

http://www.360financialliteracy.org/Topics/Taxes/Paying-Taxes/Do-I-have-to-pay-U.S.-taxes-when-I-work-abroad

Obviously, many of these issues are complicated and I will have to find a lawyer and/or tax advisor knowledgeable in these issues; however, has anyone else come across any information. Are thee other benefits I am missing??

Nice to have the choice - hope all of the U.S. will support equal marriage for all before long.

Edited September 7, 201312 yr by KED

I am in almost an identical legal position as you and your Thai partner, however, I have two more years with my partner than you.

As an "oldie" with a younger partner, my main concern is his care after I reach my expiration date. While I have assets that might be able to generate sufficient income for him to live on in Thailand in the future, if he were to qualify for my pension, my financial assets would be freed up to leave to my grand children.

A five year residency in the US is required for an alien spouse to qualify for SSA survivor benefits. That residency requirement would not apply if the surviving spouse is a US Citizen.

A Thai spouse married to an American can become a US citizen after a residency of three years.

My partner and I are therefore planning to marry in the US in January 2014 and after approximately 9 months to a year, upon his recipt of a green card, move to the US to accomplish the residency for citizenship and then return to Thailand to reside until my demise.

Caveat: My partner is a life long American admirer and couldn't be happier with the promise of a US marriage and honeymoon in 2014 and a three year stint in the US a year thereafter to become a citizen.

While he is integrated into my family and loved by all, he still would feel more comfortable with a government pension once he reaches 65 rather than depend on my executor to come through with a pension funded by my financial assets.

I would not apply the foregoing to anyone else in similar circumstances as every one is different and in different relationships unless that couple has a traditional marriage orientation and similar financial issues.

Edited September 7, 201312 yr by ProThaiExpat