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Same sex immigration issue

Boca Raton, FL |

I'm 39y,male, American Citizen, I meet a 46y,male from Nicaragua on December 2012 we still seeing and felt in love. I'm looking for advice because,my friend issued a visa on Nicaragua on 08/14/2001 he entered to USA on 07/16/2005 the visa expired on 08/13/2011 and my friend overstay.We looking forward to stay together but, his status are make us sad,nervous,stressful and depress.Is any way to Adjust he status with out leaving the USA? With the new rule of the Supreme Court about same sex marriage that will be an alternative to help the love of my life? We live in Florida.Do we need to travel to any State where same sex union are legal get married, still living in Florida and claim him? Please we see a little hope and hold together for better future but, we don't know how or where to start.

Attorney Answers 9

  1. Best answer

    This is a common question. You can be married in any state that will legally marry you. It does not mean you have to continue to reside in that state or ever have to reside in that state. You can get married in Washington DC for example, and then live in Virginia, and USCIS will accept your marriage as long as it is legal and genuine. Immigration rights are federally conferred and have nothing to do with states.

    This is addressed further in a blog post in the link attached.

  2. Yes if you get married in a state that recognizes same sex marriage you should be able to apply for his green card. Consult an attorney,

    Alexus P. Sham (917) 498-9009. The above information is only general in nature and does not constitute legal advice. It does not create an attorney-client relationship.

  3. Go ahead and get married in a state which allows it. Then apply.

    Free Consultation Anywhere in USA | 626-399-4194 | |

  4. Yes, go to a state that allows same sex marriage, get married and file a visa petition for your love and he can file for adjustment at the same time! Just over one week ago, after the Supreme Court decision overturning DOMA, the USCIS (Immigration Service) approved its first visa petition for a same sex marriage couple. Congratulations and good luck!!!

  5. You must get married in a State that recognizes same-sex marriages. However, whether Florida will honor that marriage is still an open issue. Section 2 of DOMA allows a state to ignore same-sex marriages. This section was not at issue in the most recent Supreme Court case.

    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.

  6. Hello. You may get married in a state that permits same sex marriage. And then you may petition for your partner. FIRST, please obtain a complete consultation about the specifics of your partner's case in order to evaluate any legal issues. There is much more to adjusting status in the U.S. than a lawful entry and marriage to a US citizen. Regards.

  7. Yes , you may marry in one of the states that recognizes same sex marriage. Currently, there are 12 states and the District of Columbia where same sex marriages are recognized. Once you are married, you should consult with an attorney to assist with the residency petitioning process.

  8. You should consult with an experienced immigration attorney. The government itself has issued some information that you may find useful/encouraging. See links below. Even though as a Florida resident your marriage from another state could be recognized by U.S. Citizenship & Immigration Services for immigration benefits purposes, you may want to speak with an immigration attorney to make sure there are not other obstacles of which you are unaware (e.g., past criminal history, past immigration violations, etc.).

  9. Florida does not recognize same sex marriage. However, if you marry in another state that does you may be eligible to sponsor your partner to adjust status.

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