Asked almost 2 years ago - Atascadero, CAFlag
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 if DOMA is repealed will the state of California recognize filing of a fiance visa for my girlfriend?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if not could i move to a different sate where they legalize Gay Marriage when the DOMA is repealed and take residency for example in vermont or new york there and file for a fiance visa for my girlfriend?
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If DOMA is repealed, it is very possible that you could petition for your girlfriend, either in CA or by moving to another state that recognizes gay marriage.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 If and when DOMA is repealed there will be a period where USCIS will state their stance on such cases and there will likely be a number of court cases before the dust settles.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.
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