Will be able to get my fiance a green card through gay marriage? 8 Answers as of August 07, 2013

I am an American resident on the process of becoming an American citizen, I have a boyfriend that I brought over from another country. He came legally here but as his I-94 expired now his illegally here. now with dome being struck down. If I go to one of the states that allows same sex marriage and get married with him, the marriage would be considered 100% legal as a straight marriage would be so I have the same federal rights as anyone else. With that said can I apply for his green card so he can stay here with me in America legally?

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Walker & Ungo Law Firm
Walker & Ungo Law Firm | Gabriela Ungo
Yes, you can file the petition. The approval of the case depends on individual, fact-specific circumstances but the case should not be automatically denied as a result of the same-sex nature of your marriage. However, it is advisable to seek legal advise with an immigration lawyer before filing to make sure your fiancee doesn't have any other immigration related ineligibilities.
Answer Applies to: Mississippi
Replied: 8/7/2013
Assuming your summary is accurate, you should be able to file for him once you are married. Meet with an attorney to discuss in detail.
Answer Applies to: California
Replied: 8/6/2013
Law Office of Sylvia Ontaneda-Bernales | Sylvia Ontaneda-Bernales
After you are legally married to your fiance , you will be able to petition for him. The Department of State and the USCIS will process the petition as they do for opposite-sex couples. As long as you remain a Legal Permanent Resident (LPR) he could apply for a Green Card only if he qualifies for a 245i waiver. That said, if you petition for your new spouse after you naturalize, a visa would be available to him. Each case is unique, so it is important that you and your fiance discuss your situation with an immigration attorney who can assess the case in detail.
Answer Applies to: Maryland
Replied: 8/6/2013
Perez-Jenkins Law, LLC | Patricia Perez-Jenkins
Yes. But the marriage needs to be legal and to avoid any questions, I would consider moving to the state to ensure no questions.
Answer Applies to: Minnesota
Replied: 8/5/2013
Christian Schmidt, Attorney at Law
Christian Schmidt, Attorney at Law | Christian Schmidt
He can apply for a green card once you got married but will have to wait until you become a US citizen because his I-94 expired.
Answer Applies to: California
Replied: 8/5/2013
    Immigration Law Offices, LLP
    Immigration Law Offices, LLP | Fakhrudeen Hussain
    Yes, same sex marriage will be considered opposite sex marriage for immigration purposes. You can petition for your same sex spouse and apply your spouses green card.
    Answer Applies to: California
    Replied: 8/5/2013
    Richard S. Kolomejec, Attorney at Law
    Richard S. Kolomejec, Attorney at Law | Richard S. Kolomejec
    Yes. You can have a same-sex marriage and apply for a green card. It is 100% legal with the federal government as long as the marriage took place in a state or country that recognizes same-sex marriages.
    Answer Applies to: California
    Replied: 8/5/2013
    Law Offices of Grinberg and Segal
    Law Offices of Grinberg and Segal | Alexander Segal
    Yes, you can apply for your spouse to receive an immigrant visa once you marry and you become a U.S. citizen. Your marriage must be valid in the place where it occurred. It would be best to look for a state such as New York that does not have a residency requirement. Once married, you can request your spouse receive an immigrant visa and your spouse can request permanent residence.
    Answer Applies to: New York
    Replied: 8/5/2013
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