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?

UPDATED: Jan 18, 2011

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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


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 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.

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