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Now that DOMA has been repealed can I apply for a spousal visa if my partner and I plan to marry. He is a US citizen

New York, NY |

I have been studying in the USA on a visa and met my partner and am looking to get married now which would allow me to stay in the US and work. Now that DOMA has been repealed is this possible/

Attorney Answers 7


  1. Yes. Your marriage will have to be recognized by the immigration laws just like any other.

    Note: With a staff of 30 at our headquarters and affiliated attorneys and experts around the country, we use a team-oriented approach and consider any comments here as strictly preliminary - not a substitute for a lawyer's investigation and analysis, which are required for final decisions about the particular rights involved. For urgent questions, please call (917) 226-6405. NOVO LAW FIRM, PC 299 Broadway, 17th floor New York, NY 10007 Tel. (212) 233-6686


  2. Yes. As long as you get married in a State that recognize your marriage, you can right away start the process. Consult with an attorney.


  3. The Department of Homeland Security has indicated that it will begin to ensure that immigration benefits are made available to all who are legally married. Although no official guidance has been issued, similar interpretations in the past related to transsexual marriage indicated that the marriage had to be valid in the state where it occurred. As a result, it is likely that you would need to get married in a state that recognizes same sex marriage.

    You can read the statement from DHS Secretary Janet Napolitano below.

    The answer provided does not create an attorney-client relationship and is only based on the information submitted in the question. If other information were submitted, it could result in a different answer. Consult with an experienced immigration law attorney for legal advice.


  4. Yes, now that section 3 of DOMA (Defense of Marriage Act) has been found unconstitutional, you will be able to apply for a relative visa based on marriage to a US citizen as long as you get married in a state where same sex marriages are legal. You should consult with an experienced immigration attorney.

    The answer provided here is general in nature and does not take into account other factors that may need to be reviewed for a more precise answer. You should consult with an immigration attorney before taking any action. The answer here is not intended to create an attorney-client relationship.


  5. Yes, at least in states that recognize same-sex marriage.

    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.


  6. Yes. Secretary of Homeland Security Janet Napolitano released a statement yesterday stating: “I applaud today’s Supreme Court decision in United States v. Windsor holding that the Defense of Marriage Act (DOMA) is unconstitutional. This discriminatory law denied thousands of legally married same-sex couples many important federal benefits, including immigration benefits. I am pleased the Court agreed with the Administration’s position that DOMA’s restrictions violate the Constitution. Working with our federal partners, including the Department of Justice, we will implement today's decision so that all married couples will be treated equally and fairly in the administration of our immigration laws."


  7. I have been waiting for over two years to answer your question with a resounding.. YES ! !!

    My solo practice focuses primarily on Marriage-Based Green Cards for gay and les couples - So, if you two have any questions, please don't hesitate to call or email me. I'm happy to share more good news !

    Best regards,
    Rachel Einbund, Esq.
    rachel@lo-re.com
    (212) 252-2125

    To avoid any unintended negative consequences of filing, I strongly recommend seeking assistance and advice from an experienced immigration attorney.