What is the law concerning citizenship amd marriage?

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What is the law concerning citizenship amd marriage?

I have a friend who is a Canadian national. She also has been in a commited same sex partnership for 12 years. She resides in a state that does not recognize marriage equality. If she and her partner (who is a born US citizen) traveled to a state that does have marriage equality. Will she be a recognized US citizen upon return to her home state?

Asked on December 7, 2012 under Immigration Law, California

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

No, first of all, there is no automatic US citizenship for any type of spouse, heterosexual or same sex.  Secondly, immigration is federal and not state law so even if a marriage may be recognized as valid in a state that recognizes same sex marriage, under the immigration laws, which are federal, there are no immigration benefits for the same sex spouse.


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