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Can a gay marriage get green card in California? I am F1 student, studying in Texas now and my bf living in Cali now.

San Jose, CA |

We are planning to get married in Cali so he can petition a green card for me following the ruling DOMA of Supreme court. My question is if we getting marriage then i need to move to Cali to live or i can go back to TX to finish my bachelor degree while he living in CA, or we have to live together. ( if so, can we live in another state like Hawaii or Texas). Could you please let me know about that? Thanks in advance for your valuable time.

Attorney Answers 3

  1. Yes, the Federal Government will recognize the California marriage for green card purposes. The interview will be in California, so be prepared to travel back when it is scheduled. You can be in Texas and living apart. There is much precedent that allows for your situation.

    This answer is not to be construed as legal advice. For a free telephone consultation, contact us now at: (512) 215-5235 Austin, (214) 377-4822 Dallas, (713) 242-1783 Houston, (210) 957-8845 San Antonio Please dial extension 500

  2. Yes, you can file after you marry in California.

    This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.

  3. Yes

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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