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Can a same-sex couple, a U.S. citizen and a foreigner on a student visa get married in the U.S.?

Washington, DC |
Filed under: Family law

My boyfriend and I are planning on getting married in Washington D.C. and we are both gay. I am a US citizen and he is a Brazilian citizen here on a student visa. We have been discussing the idea of getting married here in the US since it is legal in some states (like Washington D.C. where we are hoping to get married in) and then, soon after college move back to Brazil since he wants to be close to his family. We are not looking for immigration benefits, citizenship, perment residencey, or anything like that, just to get married in the US and then move to Brazil. So ultimitley my question is, can we legally get married in Washington D.C. or VT or MA or CT or any of those state where gay marriage is legal with me being a US citizen and him being a Brazilian citizen on a student visa?

Attorney Answers 2


Your boyfriend's citizenship will have no impact on the validity of the marriage. As long as you comply with the laws for the jurisdiction in which you are married, you are legally married in that jurisdiction. Whether Brazil will honor or recognize the marriage is a whole different issue.

Please be advised that any information or advice given herein does not constitute an attorney client relationship. Further, before taking any actions or deciding not to take any actions, you should seek counsel of an attorney. This forum cannot provide you with the anyalysis and detail necessary for a full and accurate opinion to be rendered.

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A government within the USA cannot discriminate in application of the law based on race, religion, or national origin.
So you should be able to marry just as you would a US citizen.
Then if your spouse wants to stay in the US you have a different set of rules to deal with, but it does not sound as if he wants to stay past his student Visa anyway.

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