If Iam a US citizen who wishes to marry someone of the same sex who is illegal, will they become aUS citizen based on our marriage?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If Iam a US citizen who wishes to marry someone of the same sex who is illegal, will they become aUS citizen based on our marriage?
Asked on January 18, 2011 under Family Law, California
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
You raise an interesting question for all. Upon doing research here is what I have found:
Neither a state-recognized same sex marriage nor a civil union in any state will provide immigration rights to same-sex couples in the short term. In the United States, immigration law is governed entirely by federal law, and in 1996 the federal government passed a law called the Defense of Marriage Act (DOMA) which defines marriage as only between a man and a woman. The U.S. Citizenship and Immigration Services have made it very clear that they will not recognize any same sex marriages. If you apply for a visa for your partner based on a same sex marriage, it will be denied."
Hopefully times will change,. Seek consultation from an immigration attorney as to another form of sponsorship. Good luck to you.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.