Effective immediately, same-sex couples can now petition for their spouses as long as the state the marriage took place recognizes their marriage.
Below is a brief FAQ on the new rules:
Q1: I am a U.S. citizen or lawful permanent resident in a same-sex marriage to a foreign
national. Can I now sponsor my spouse for a family-based immigrant visa?
A1: Yes, you can file the petition. You may file a Form I-130 (and any applicable accompanying
application). Your eligibility to petition for your spouse, and your spouse’s admissibility as an
immigrant at the immigration visa application or adjustment of status stage, will be determined
according to applicable immigration law and will not be automatically denied as a result of the
same-sex nature of your marriage.
Q2: My spouse and I were married in a U.S. state that recognizes same-sex marriage, but
we live in a state that does not. Can I file an immigrant visa petition for my spouse?
A2: Yes, you can file the petition. In evaluating the petition, as a general matter, USCIS looks to
the law of the place where the marriage took place when determining whether it is valid for
immigration law purposes. That general rule is subject to some limited exceptions under which
federal immigration agencies historically have considered the law of the state of residence in
addition to the law of the state of celebration of the marriage. Whether those exceptions apply
may depend on individual, fact-specific circumstances. If necessary, we may provide further
guidance on this question going forward.