gay marriage question

S

sweetzombie

New Member
Hi There
I have a same sex partner who lives in Las Vegas but he is originally from California. I am originally from the UK and I am trying my hardest to move over to the states. I hear that same sex marriage has just become legal in California. Would I have a chance of getting a green card if I marry my partner in California? I am not very good with politics so please help me!

Thanks in advance
 
Aside from the fact that this is a question that needs to be addressed in other states than CA, I highly doubt USCIS is "ready" for this. That CA legalized gay marriage is a step forward (that's just my personal opinion fwiw), but as long as the federal government doesn't recognize gay marriage, for immigration purposes you are probably out of luck.

(In the rest of the US you're probably stuck with domestic partnership(?) which does not give/put you in any legal category for immediate, or even long term family-based immigration)

If I am mistaken on this, i'd happily be corrected.

A quick google search led me to this site which appears to support what I thought.
 
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The US has parallel sets of laws, at the federal level and state level.

Marriage is usually defined at the state level. While same-sex marriage has been legalized in California and Massachusetts, the "defense of marriage act" was passed at the federal level prohibiting all federal laws/agencies from recognizing same-sex marriage.

This prohibition would apply to USCIS recognition of same sex marriage.

http://www.uscis.gov/portal/site/us...nnel=34519c7755cb9010VgnVCM10000045f3d6a1____

-ML
 
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