If DOMA is repealed, could i process a Fiance Visa for my girlfriend?(same-sex marriage)

Attorney answers (3)

1. Licensed in CA

   

   J Ferrari

   Los Angeles Immigration Attorney

   Contributor Level 20

   Answered July 25, 2011 11:47. Possibly. Though you might need to move to a state where you can get married.

   J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature, as not all the facts... moreJ Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature, 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. less

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2. Licensed in CA

   

   Linda Yin Liang

   Fort Lauderdale Immigration Attorney

   Contributor Level 15

   Answered July 25, 2011 11:56. Immigration law so far has not recognized gay marriage. Even if you move to another state to marry, you will likely be denied of immigration benefit. You should consult an immigration lawyer to figure out if any other immigration benefits apply to you now.

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3. 

   Ari J SauerPro

   Memphis Immigration Attorney

   Contributor Level 13

   

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   Answered July 24, 2011 12:36. If DOMA is repealed, it is very possible that you could petition for your girlfriend, either in CA or by moving to another state that recognizes gay marriage. However it is not possible to say for sure at this time. If and when DOMA is repealed there will be a period where USCIS will state their stance on such cases and there will likely be a number of court cases before the dust settles.
   
   A marriage must be valif in the place where the marriage take place and must not be void in the place where the couple resides. So state law will come into play on the subject as well.

   *The information here is for educational purposes only and should not be relied upon without first consulting with... more*The information here is for educational purposes only and should not be relied upon without first consulting with an experienced immigration law attorney. The information given may not apply to your individual situation. Immigration laws, regulation and procedure change frequently. This information should not be relied upon as legal advice and is not intended to create an attorney-client relationship. Please note that this site is open to the public and any information posted by readers can be viewed by government officials. Neither NY, NJ or TN offer certification as an Immigration Specialist. You can call 901-682-6455 to schedule a consultation appointment with me or one of the other attorneys of the Siskind Susser law firm. less

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