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Is gay marriage allowed in the U.S. between a citizen and non-citizen?

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I am a US citizen and my girlfriend is from the Philippines. I got a job in Japan and I read that Japan will recognize gay marriages if they are performed in a country that recognizes them and even issue a dependent visa.

Since my gf is a non-citizen, would our marriage still be valid? I know there are no immigrations rights for same-sex marriages but will she at least be able to return to the US for vacation without fear of being barred at customs?

Attorney Answers 3

  1. Marriage in the US does not depend on immigration status. Same sex marriage, however, is not currently recognized by the US for immigration purposes.

    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.

  2. So Japan is a great place for you to go. No - your marriage will not be recognized in the US. Return to the US? How? Visitor - student????

  3. This is a repeat question.

    FORMER IMMIGRATION LAW PROFESSOR -- LEGAL DISCLAIMER: This answer is offered for informational purposes only. It does not constitute an attorney-client relationship.

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