·
Visa applications filed by a same-sex spouse will
be reviewed in the same manner as those filed by an opposite-sex spouse.
·
A same-sex marriage is now valid for immigration
purposes as long as the marriage is recognized in the “place of celebration.” The same-sex marriage is valid even if the
couple resides in a state that does not recognize same-sex marriage.
·
The same-sex marriage is valid even if the
applicant is applying in a country in which same-sex marriage is illegal.
·
Same-sex spouses and their children are now
equally eligible for non-immigrant visa (NIV) derivative visas.
·
A spouse of a U.S. Citizen or Lawful Permanent
Resident may apply for an immigrant visa (so long as the priority date is
current) after USCIS approves the I-130.
The place of celebration will determine whether the marriage is legally
valid, not the applicants’ place of domicile.
·
Fiancé(e) visas are now available for same-sex
partners of U.S. Citizens.
·
Diversity Visa applicants (green-card lottery)
may now include same-sex spouses in their initial entry or add a spouse
acquired after the initial registration.
For DV 2013 and DV 2014, same-sex couples will not be automatically
disqualified for not including their same-sex spouse on their original entry.
Interestingly, the Department of State guidance asks
consular sections to identify what types of marriage are available for same-sex
couples in-country and update the reciprocity tables, pursuant to 9 FAM
41.105. This leaves open the question of
whether civil unions or other forms of legally recognized same-sex partnerships
will be recognized as “marriage” for immigration purposes. We will keep you posted on this.
