Will I be able to marry my non-resident same sex partner in California? 2 Answers as of February 21, 2011

I divorced my ex husband a year ago. I am a LPR and eligible for citizenship in June, 2010 within the 5 year green card holder law. I have plans of moving to California and marring my same sex partner. She is not a resident, would I be able to file for her stay?

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Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
The Federal Defense of Marriage Act does not recognize same sex relationships for immigration purposes. On a state by state basis you may be able to marry. Your non-resident spouse would have to find an independent immigration basis to remain in the U.S.
Answer Applies to: California
Replied: 2/21/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
The federal Defense of Marriage Act (DOMA) prohibits the USCIS from recognizing same sex marriages for immigration purposes. Therefore, even if legally married by the State or even in a foreign country, you cannot petition your now spouse for an U.S.
Answer Applies to: California
Replied: 1/31/2011
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