After the Supreme Court’s decision that the Defense of Marriage Act is
unconstitutional, President Obama has guided federal departments to
ensure that this decision as well as its implications for federal
benefits for same-sex legally married couples are implemented quickly.
On July 1, 2013, Secretary of Homeland Security, Janet Napolitano guided
USCIS to review immigration visa petitions filed on behalf of same-sex
spouses in the same manner as they would be considered for those filed
on behalf of opposite-sex spouses.
In a new FAQ published by USCIS, the following questions are clarified:
A U.S. citizen or lawful permanent residents in a same-sex marriage can
now sponsor their foreign national spouse for a family-based immigrant
visa.
A U.S. citizen engaged to a foreign national can file a fiance petition for their fiance.
Married couples who were married in a U.S. state that recognizes
same-sex marriages but currently residing in a state that does not can
still get apply for visas in the same way they would in a state that
recognizes same-sex marriages.
