Marriage Equality

Same-sex spouses of U.S. citizens are now eligible to obtain lawful permanent residence in the U.S. Since the U.S. Supreme Court's ruling on June 26, 2013, striking down the Defense of Marriage Act (DOMA), U.S. Citizenship & Immigration Services has been processing and granting green cards to same-sex spouses of U.S. citizens. In fact, all derivative visas for spouses should now be available to same-sex spouses of principal visaholders, as well as any other type of immigration relief or benefit based upon marriage to a U.S. citizen.

The list of U.S. states that currently allow same-sex marriage:

  • California
  • Connecticut
  • Delaware
  • District of Columbia
  • Hawaii (as of 12/2/13)
  • Illinois (as of June 1, 2014)
  • Iowa
  • Maine
  • Maryland
  • Massachusetts
  • Minnesota
  • New Hampshire
  • New Jersey
  • New Mexico (as of 12/19/13)
  • New York
  • Rhode Island
  • Vermont
  • Washington

Even though same-sex marriage is not currently allowed in Florida, as long as the marriage was valid where entered, same-sex spouses living in Florida can still apply for immigration benefits.

The following countries currently allow same-sex marriage:

  • Argentina
  • Belgium
  • Brazil
  • Canada
  • Denmark
  • France
  • Iceland
  • Netherlands
  • New Zealand
  • Norway
  • Portugal
  • South Africa
  • Spain
  • Sweden
  • Uruguay
  • Parts of Mexico (Mexico City and Quintana Roo)

Contact board certified immigration attorney Andrea Montavon-McKillip at (877) 507-7070 today to schedule your consultation.

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