Citizenship & Immigration

Same Sex Marriage

 

According to a statement in accordance with this procedure and a ruling of the Supreme Court in defense of the Marriage Law.

 

This means that if the gay citizen's spouse is undocumented, she can obtain legal permanent residence, according to current procedures, without leaving the country if she entered legally with an eligible nonimmigrant visa.

 

If the spouse entered without being inspected at a port of entry (without a visa) she could avail herself of the provisional exemption provision. Likewise, if the spouse lives abroad, the gay American citizen can make the corresponding family petition to obtain an immigrant visa through the consular process.

 

In the case of a Gay Legal Permanent Resident-petitioner who requests an immigrant visa for her / his spouse-beneficiary, the process must be consular. If the beneficiary is living in the United States of America.

 

Any marriage must be in demonstrable good faith and not for an immigration benefit.

 

These comments should not be taken as legal advice.