Is this a viable loophole?

S

stebbinsd

Registered Users (C)
Immigration laws try to avoid gay people from getting fiance visas, even if they live in a state where gay marriage is legal.

Well, hypothetically speaking, what if the foreigner came to the US on a visitor visa (sponsored by his fiance), get a quick marriage using the justice of the peace, and the foreigner goes back to his country, and the two get a SPOUSAL visa?

Would that work? Do spousal visas also exclude gay couples?

EDIT: As I was pressing the "submit" key, I thought of something: You're not supposed to get married on a tourist visa.

I understand that, but what if the foreigner came to the states, got married, got deported (that's ALWAYS the worst that can happen with ANY visa violation), and THEN he got the spousal visa?
 
USCIS works on a federal level and not a state level.

USCIS does not recognize same sex marriages so you will not be able to get a fiance/spousal visa, or marry on a tourist visa and attempt to AOS.
 
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