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If DOMA is repealed, could i process a Fiance Visa for my girlfriend?(same-sex marriage)

Atascadero, CA |
Filed under: Immigration US visas

Im from California and a U.S Citizen. if DOMA is repealed will the state of California recognize filing of a fiance visa for my girlfriend? because far as i know California does not legalize gay marriage but if DOMA passes could i process a fiance visa for her?

if not could i move to a different sate where they legalize Gay Marriage when the DOMA is repealed and take residency for example in vermont or new york there and file for a fiance visa for my girlfriend?

Attorney Answers 3

Posted

If DOMA is repealed, it is very possible that you could petition for your girlfriend, either in CA or by moving to another state that recognizes gay marriage.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 If and when DOMA is repealed there will be a period where USCIS will state their stance on such cases and there will likely be a number of court cases before the dust settles.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 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.

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Posted

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 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.

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Posted

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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