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Lesbian & Gay Couples Eligible for Green Cards Following Supreme Court Decision on Defense of Marriage Act

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FOR IMMEDIATE RELEASE
June 26, 2013

CONTACT: Steve Ralls
(202) 347-7007 / sralls@immigrationequality.org

Washington, DC – Following the U.S. Supreme Court’s landmark ruling striking down a core provision of the federal Defense of Marriage Act (DOMA), lesbian and gay Americans will now be eligible to apply for green cards on behalf of their foreign national spouses, the organization Immigration Equality announced today. The court ruled today, in United States v. Windsor, that Section 3 of DOMA, which prohibited the federal government from conferring benefits to married same-sex couples, is unconstitutional. That provision of the law made it impossible for lesbian and gay couples to receive immigration benefits, including green cards.

“At long last, we can now tell our families that yes, they are eligible to apply for green cards,” said Rachel B. Tiven, executive director of Immigration Equality. “Many of our families have waited years, and in some cases decades, for the green card they need to keep their families together. Couples forced into exile will be coming home soon. Americans separated from their spouses are now able to prepare for their reunion. Today’s ruling is literally a life-changing one for those who have suffered under DOMA and our discriminatory immigration laws.”

Immigration Equality provides pro bono legal counsel to lesbian, gay, bisexual and transgender immigrants and asylum seekers. The organization has trained more than 100 immigration attorneys across the country in preparation for today’s ruling, and will work to connect families with a lawyer specifically trained to help LGBT couples through the green card process. Immigration law recognizes marriages that are valid where celebrated – so couples who marry in a state or country that allows them to do so will be eligible to submit a green card application, even if they live in a state that does not recognize their marriage.

Today’s 5-to-4 ruling, written by Justice Anthony Kennedy, noted that, “The Constitution’s guarantee of equality . . . cannot justify disparate treatment of” lesbian and gay couples. Under the law, the Court found, “same-sex married couples have their lives burdened, by reason of government decree, in visible and public ways. By its great reach, DOMA touches many aspects of married and family life, from the mundane to the profound.” By “treating those persons as living in marriages less respected than others,” the Court ruled, “the federal statute is in violation of the Fifth Amendment.”

Immigration Equality, which is representing five binational couples in a federal court challenge in New York, announced today that it has applications pending, and others ready to file immediately, which should be processed and approved soon.

“Today’s decision closes a discriminatory chapter in American immigration law.  For 40 years, LGBT individuals were turned away at our borders; Congress called us unfit to be Americans.  For LGBT couples, that exclusion continued until today,” Tiven said. “The Court did what Congress would not, and recognized that all loving couples are the same under the Constitution.”

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104 Responses to Lesbian & Gay Couples Eligible for Green Cards Following Supreme Court Decision on Defense of Marriage Act

  1. Sego says:

    Hi all, great ruling!
    I’m French and my American partner and myself got married by Gavin Newsom in 204 before that was annuled. We now live in the UK. Will the couples which have been briefly married in 2004 be able to get a green card?
    Thank you all.

    • Immigration Equality says:

      Hi,
      Our legal team is posting a list of Frequently Asked Questions on our website now, which addresses this particular topic.

      In addition, we will be holding a conference call for couples tomorrow at Noon (ET) to cover quetions such as this one, too.

      Information on both will be posted at http://www.ImmigrationEquality.org

      Thank you!

  2. Tobey Pearson says:

    Thank you for the quick news, but it’s a bit general. Specifically, if someone is gay married in the US, can they seek a green card only if they live in one of the 12 states that recognize same-sex marriage, Washington D.C. or are Native American???

    We were gay married in Washington D.C., but live in Texas . The Dallas Voice is claiming that you can only get Federal benefits if you live in one of the 13 jurisdictions that recognize same-sex marriage. I’m going to go ahead and mail our green card documents today, but it would be nice to know where those of us stand who live in more repressive areas.

    • Immigration Equality says:

      Tobey,

      Our legal is posting a list of Frequently Asked Questions on our website now, which address this particular topic.

      In addition, we will holding a conference call for couples tomorrow at Noon (ET) to cover questions such as this one, too.

      Information on both will be posted at http://www.ImmigrationEquality.org.

      Thank you!

  3. Alia Scheirman says:

    This is one of the greatest moments in history.

  4. Simon says:

    Thank you for all your hard work!!!

  5. Hamza & Julian says:

    The Supreme Court’s decision today marks, hopefully, the beginning of the end of a long ordeal. Hopefully, federal recognition of our marriage will open a path for me to finally get legal status in this, my country. Julian and I are thinking of all of you, the incredible team at Immigration Equality, at this joyous hour.

  6. Will says:

    I could not be happier for those of us that this historic change in federal law will benefit. I wish all of you the best and I hope you will have happy, productive lives together in this country. Cherish and love each other, and continue working towards our goal of full equality under the law.

    I join you in spirit, but I wish I could join you more fully. I can’t because my partner isn’t with me any longer. After seven long years of stress, expensive travel costs, and harassment by US Immigration officials each time he traveled here, he finally gave up and we ended our relationship. He hung on as long as he could. I don’t fault him at all. The sacrifices he made were greater than anyone should have to make, and still, he ended up empty handed.

    So today is a very bittersweet day for me. I’ll always remember it as the day I was reminded why I lost my husband to the cold, uncaring US federal government.

  7. Raj says:

    OMG, I can’t believe .. Immigration Equality you guys are incredible, the effort that you guys have put has its no comparison..you guys really did it..My first visit to United States will be your office with my partner.. :) )))

  8. Conor O'Donnell says:

    Thank you so much for what you have done for us and others like us. If you could recommend a lawyer in the Omaha Nebraska area where my husband lives, that would be great. Thank you again.

    Conor from Ireland

  9. Ewelina says:

    The best news we got in 10 years of trying to come back to my partner’s country. She is so happy, she missed her HOME. ..

  10. Curtis Duffett says:

    Great googlymoogly! Thank you God, thank you IE, thank you all!

  11. Ryan says:

    Thanks!!!

  12. joshinchicago says:

    My partner and I are celebrating this demise of DOMA! What a historic moment and huge victory! Thank you Immigration Equality for your hard work. We have won this fight!!!!

  13. J. E. Knowles says:

    Will, I feel for you. I fell in love with a non-U.S. citizen more than 20 years ago and our relationship was long distance for more than 7 years. I will never know if we could have made it work without all the deprivation and harassment. It is too late for you and me, but no one in the future will have to go through what we did.

  14. Beautysmistress says:

    Thanks for all the hard work you all have done. It is a GREAT moment in history

  15. Lee says:

    My partner is from India and I want to sponsor him. We have been together 6 years. We live in Missouri. Do we have to move to a state where same sex marriage is legal?

    • Immigration Equality says:

      Hi Lee,

      Our legal team is posting a list of Frequently Asked Questions on our website now, which addresses this particular topic.

      In addition, we will be holding a conference call for couples tomorrow at Noon (ET) to cover quetions such as this one, too.

      Information on both will be posted at http://www.ImmigrationEquality.org

      Thank you!

  16. Jason GG says:

    Wow – congratulations and great work Immigration Equality for your tireless advocacy of our families. Thank you.

  17. Stephanie says:

    Per a question raised on SCOTUSBlog, is there a chance that the Obama Administration might argue that DOMA remains in effect in the context of immigration/spousal visas?

  18. AdaminLondon says:

    Thank you for everything that you’ve done over the years for bi-national same-sex couples everywhere!

    Now to a question of personal interest: we were married in Spain (my partner’s home country; I am a US/UK dual citizen). Is it simply the case of a US jurisdiction recognising that marriage, or do we need to tie the knot again Stateside?!

  19. David L says:

    We are a married gay couple living in Massachusetts. We are both foreigners. My company is sponsoring my green card petition. Am I eligible to file my spouse I-485 together with mine? It is definitely a common practice for heterosexual couples.

  20. Iliana M-S says:

    What does this mean for the path to Citizenship for those of us that already have permanent residence?

    • Immigration Equality says:

      Iliana,

      Please read the FAQs for families on our website, at http://www.ImmigrationEquality.org. If your question is not addressed among the FAQs, you can contact our legal team via our website as well, and a member of the team will answer your inquiry as quickly as possible. Please keep in mind we are receiving an extraordinary number of inquiries, so our response may be delayed as we work to answer families’ questions.

      http://immigrationequality.org/contact-us/

      Thank you.

  21. Ralph Torjan says:

    Finally!! After 23 years together and 5 years legally married, my hubby can sponsor me for a green card to stay in this country! Is this real? Someone pinch me!! We thought this day would never come. Now we can write a happier ending to our story!!!! Now I no longer need to fear bigoted siblings. Now I canbe a whole person, and just take care of my ailing hubby. This is real right?! Yes I know it is, but it’s still so unbelievable!!! Thank you all who have fought and continue to fight for us.

    #OwnIt My name is Ralph Torjan and I am NOT an illegal immigrant. I don’t know WHO I ‘m, but I know I’m not THAT anymore!!! Yippieeeeeeeeeeeeeeee!!!
    http://gayillegalimmigrant.blogspot.com/

  22. Michael Rosenblum says:

    I am a US citizen, my partner is French, we have been together 19 years, part of the time in the US the rest of the time living in Mexico. If we were to get married in NY and return to our home in Mexico, would it be best for me to sponsor my spouse through the US consulate office in Guadalajara Mexico?

  23. Wendy Becker says:

    I am not married to my partner, but we have been together in Sweden for 13 yrs. and we are considered marrried here, can we still file for a green card for her?

  24. Lee says:

    Thank you so much for helping me. Can you please refer me to a lawyer in St. Louis that can help us. Can we apply for his green card today?

  25. CHRISTIANE CALDERON says:

    Hi to all and congratulations for all the work that you have done all this years.
    This is a BIG WIN for the U.S and the LGBTTTI community!!!
    I had been in touch with immigration equality for some years now ..
    I would like to know if you guys could give me the information about a lawyer in Cincinnati Ohio specialized in immigration issues….
    Thank you so much.

  26. G singh says:

    Hello
    I am so happy today. I am an American living in Canada with my Canadian Spouse. We are so glad with this decision. Just called USCIS to find out when can I sponsor my spouse for permanent residency and was told that on their records DOMA is still valid. I am just wondering when would I be able to do it? The representative from USCIS said that I should keep checking their website to see if there are any updates regarding it. How long should I wait before they tell me that I can do it? I don’t want to apply and then get rejected and then go to court. Will they have to wait for Congress to approve it and make some legislation? What is going on? Or should I just go ahead and apply and consider it done? I am so happy and overwhelmed with joy. :)

  27. Kenneth says:

    I have been in a relationship with a man in Peru but Peru nor California supported our marriage so we did not marry yet. I requested a fiancee visa from Immigration but of course was turned down because of DOMA. I want to bring him here under the fiancee visa and then we could now marry in California. Is this possible now. Do I need to take him to Brazil or another South America country to marry him before I apply. Will this new ruling allow me to bring him here under K1 visa for fiancee, then within 6 months we could marry.

  28. Michael Monteforte says:

    We are thrilled! Thank you so much to Rachel and everyone at Immigration Equality for this decade long fight. I left New Jersey to be with my husband in Vancouver, Canada. I can finally go back home and be with my family one day soon.

  29. ChrisJm says:

    Thank you very much Immigration Equality. Many blessings to your entire team!

  30. Jesus Martinez says:

    Can you post your network of trained immigration lawyers that focus on LGBT. I live in Colorado and so happy about DOMA being struck down. Now, I can apply for my husband’s Visa!!! I want to get this process rolling right away!!!

  31. Andre Dias says:

    Champaign tonight !!!

    Congratulations to everybody, specially for those that worked for us so hard during this time.

  32. Lynda Rowan says:

    Amazing feeling, thank you for all the hard work, I am Australian, my wife is American now we can stay in America :-) The information on frequently asked questions is great well done in getting this out so quickly, so much work behind the scenes. WE are printing out the forms to make it happen. THANK YOU

  33. Oscar says:

    Hi my name is Oscar Quijano.

    I live in mexico and my boyfriend is a venezuelan guy living in Miami FL, he has Residence to live in th US an l have turist US VISA to visit him and l would like to move to live with him in Miami what should i do first? please help…

  34. Marie says:

    I am so confused, my head is spinning Im not sure what any of this means!!!!
    I am English have been in the USA 25 Years i have been with my patner who is a US citizen for 22 Years we livew together in New Jersey . Can we get married now???? and can I apply to stay in the USA?
    I cant wait untill tomorrow, for my sanity I would really like to know.

  35. Jonathan says:

    Thank you for all you did to make this moment possible. I am an American who has been living with my husband in exile for the last 15 years in the Netherlands. We are looking forward to starting the process of going home now. I honestly thought that I would never see the day that this would be possible. We simply could not have done it with out you!

  36. Michael Fitzgerald says:

    I am American and my Husband is Canadian. We were married in Canada three years ago. As mentioned by several others in their replies, we are living in exile in Mexico, where our Canadian marriage is recognized for purposes of residency, so that we can live together. I would like to know how to begin a green card application for my Canadian spouse. Since we’re living in Mexico currently, would I submit the application through the US Consulate in Guadalajara, Mexico? I am still considered to be “constructively domiciled” in the state of California, since I own a house there, have bank accounts there, driver’s license, etc.

  37. Pingback: Lesbian & Gay Couples Eligible for Green Cards Following Supreme Court Decision on Defense of Marriage Act - See more at - Visas, moving, passports, work, students, lawyers - City-Data Forum

  38. Ubi da costa says:

    Immigration equality worked very hard to achieve this ruling and for that we are grateful and elated…
    There are not enough words to thank you folks for your hard work !!!
    Thank you
    Thank you
    Thank you

  39. DJ says:

    My partner and I are incredibly grateful for what you have done. As an American, I’ve had to leave the US and settle in Canada just my partner and I can be together. I look forward to learning what we can do so my partner can apply for permanent residence in the US, and eventually citizenship.

    Thank you!!!

    • jenn says:

      Hi DJ,

      You and I have the same situation. I am American citizen and my wife is Canadian citizen. Hoe we could get answers as soon as possible..

      Thanks.

  40. Joao Andre Neto says:

    Where in the website is your “referral list for LGBT-friendly private immigration attorneys which we are happy to share.” Thanks. (((:

  41. Liz Vargas says:

    When I can start to sponsor my Partner? When can I apply for a Green Card?

  42. Michael Shaw says:

    How long before we can apply for adjustment of status?

  43. Mike says:

    I obtained Permanent Residence status in Canada four years ago to be with my Canadian partner. Fortunately, we live on the border and I was able to retain my job in Buffalo and commute every day. I would like to sponsor my partner for a green card, and had originally contemplated that we might both work in the States yet continue to live in Canada now that we’re settled. It sounds like that’s not an option and we would need to make the decision to move back to the States so that he could fulfill the requirement of having his primary residence here. Am I correct in that understanding? Thanks!

  44. Ron Sousa says:

    Truly a monumental history making day for Gay Americans and their binational spouses!! My partner of 14 years missed the window of opportunity to we’d in California. Immigration picked him up over a year and a half ago and we have been battling with the courts ever since. With today’s historic decisions, not only will we now be able to get married, but now I will be able to sponsor him to obtain a green card!! Thank you, Immigration Equality for all you have done for us all!

  45. Brian Singh says:

    hi hi…

    my boyfriend lives in the states and we are planning to get married……i live in the Caribbean where it is still illegal to get married…..when we do get married…in the states would i be eligible for a green card application……….

  46. Kat says:

    A huge THANK YOU to the Immigration Equality Team! You people are truly amazing…I’m a “Johnny Come Lately” so to speak, only 2 1/2 years of suffering the pain of separations from my partner who is citizen of the Philippines. I feel terrible that some have waited decades and even lost love over this blatant discrimination! Thanks again IE for all you’ve done for thousands of us :)

  47. lety cano says:

    All i want to hear is Racheal and the immigration equality team accept a “Thank you”. She said thank me when we win, and so “Thank you”.

  48. Marina says:

    Amazing news!
    We’re wondering what happens, since we are legally married in Spain, myself being a US citizen and my wife French. Our marriage is recognized in Spain and France and all other countries that recognize same sex marriage. My question is, will we need to marry again in for instance, California (where i’m from) or will our marriage already be recognized, as is any other marriage between a US citizen who’s in a non same-sex marriage?

    thanks so much for your time and more importantly, for all your hard work contributing to this moment!
    marina

  49. Liz Vargas says:

    Since prop 8 was overturned again and marriage will be restored in California, ” Can I marry our partner and once married, sponsor them for a Visa?” I have been with my partner for 7 years.

  50. Bud says:

    Please point me to your “referral list of private immigration attorneys” that you refer to in the blog. I cannot find it any place on the site. Thanks Bud

  51. Jrgood says:

    My partner is from the Philippines. We have not married ecause we were waiting to see if this ruling would change the immigration laws. Are we now elligable to apply for a Fiance’ visa? Or does the ruling only help couples wo are legally married somewhere?

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  54. ruben says:

    graciaasss….porfin podre vivir con mi pareja en su pais en estados unidos, tenemos viviendo mas de 11 anos en mexico y por fin podre vivir en usa con mi pareja que tanto anelahaba regresar a su pais pero no lo hacia por mi un millon de gracias a todos los que participaron en esto!

  55. Ms A says:

    Hi, I am a UK citizen, my partner is a US Citizen, I have been visiting her using a 10 year B2 tourist visa seeing as we could not do it any other way…. We are not married yet but plan to in the future in her state of Washington where it is legal.. I was wondering what this means for us now?

  56. JunRN says:

    Hi,

    My American partner are together for more than eight years now, we got married on June 15, 2013. Is he eligible to petition me for green card now that DOMA was already struck down? I am in the country under working visa/status; what would be the process on changing my status? We live in Massachusetts, any suggestions on which immigration equality law firm we can go an seek legal counsel on this matter? THank you and Congratulations once again to immigration equality!

  57. Jan says:

    We’ve been crying tears of joy today. My Brazilian partner and I have been together for almost 26 years and raised a wonderful young man together. Her sister met a wonderful American man here when she came for a visit, married and got her green card years ago – now it is finally our turn. Oh joyous day! Thank you to all you brave courageous people that helped to make this happen.

  58. Feeser says:

    Hi,

    Thank you for all that you have done. My wife and I have been waiting for this day. I am an American and my wife is Canadian. In 2007 we were legally married in Canada which lead to her sponsoring me to become a Canadian. We live in Canada with our two kids that are duel citizens like me. My 3 year old son asked me why his mom was the only one in our family that was not an American. I tell him that it is a stupid rule that should hopefully change. I am glad that change came today.

    I am wondering if there will be any problem with my sponsoring my wife and us living in Canada still. We are not moving to the US until we can both work, does this hurt our application?

    In this economy we cannot afford for one of us to be out of work with two little kids. That would not be the responsible adult thing to do for our family.

    Thank you for the advice and making history today!

  59. Patrick says:

    Great news on the ruling. With this decision will I be able to sponsor my boyfriend for a fiancee visa, and then get married in the United States?

  60. matumbo says:

    Thank you team, wow can’t believe it , sending in our GC application tomorrow. We were ready and just waiting for the day.:-)

  61. Nick says:

    My Taiwanese partner and I have been preparing for this day since he lost his H1B visa in the economic mess of 2009 and we moved to Asia. We were married last year in Canada in case something like this happened. We can now go home to the US without living in fear of immigration issues. What a life changing day.

  62. Dan Edge says:

    I’ve always felt that my gay friends and family members deserve equal contract rights under US law. I’m very pleased at the SCOTUS ruling.

  63. Monique Ginnard says:

    Thank you from the bottom of my overflowing Heart for All the long hours and Hard work. After Twenty One years our ‘ Home’ has been an evolving concept. Germany has kept us together but today, I am truly Proud to be American.
    Let’s all pull together for the work ahead.
    Monique & Daniela – Germany

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  65. David says:

    Hello,

    My name is David and I am in a same sex marriage. We got married in Vermont three years ago but have been together for eleven years.
    My husband is from India and we have been living in Switzerland for the past two years because of DOMA.
    Now that section three of DOMA has been ruled unconstitutional we would like to move back to the US.
    My husband went to school and worked in the US for ten years. We own a house in Florida together. He is an Aerospace engineer with a PhD.
    Because of the language barrier I have not worked since we moved to Switzerland.
    What would be the best way for us to move back to the US and for my husband to get his green card?
    We really want to be well informed before we start the paperwork.
    Thank you in advance for any information you may be able to provide.

    David

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  67. Mike says:

    Feeser – we’re in the same boat as I posted above. My partner is Canadian, I have Ppermanent Resident status there and we live on the border. We love our home ni Canada, but also want to both be able to work in the States. Hoping we can do it the same way you’re suggesting, but thinking it might be all or nothing. WIll be contacting our immigration attorney to be sure.

  68. Mike says:

    My partner and I are in a similar situation (as I posted above). It would be nice to remain in our home in Canada (on the border) but both be eligible to work in the States as I do. I think it’s all or nothing , though, and we may have to move to get him his green card. WIll check with our immigration attorney to be sure.

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  70. Helle Gylling says:

    Toby,

    They answered that in the article above:

    “Immigration law recognizes marriages that are valid where celebrated – so couples who marry in a state or country that allows them to do so will be eligible to submit a green card application, even if they live in a state that does not recognize their marriage. – See more at: http://immigrationequality.org/2013/06/lesbian-gay-couples-eligible-for-green-cards-following-supreme-court-decision-on-defense-of-marriage-act/#sthash.hDZ3TnKX.dpuf

    So yes you can submit the application.

    : ) Helle

  71. Pingback: DOMA Ruling’s Impact on Immigration | TIME.com

  72. fabio previatti says:

    hi, my partner wants to sponsor me to get a green card right away after the rulling but how long until the law is in effect? can we do as soon as possible or do we have to wait a few months?

  73. Rochelle says:

    Hi! I am very overwhelmed with this news. My partner is working at Los Angeles as a registered nurse for 7 years. Her visa is EB-3 , her I-140 is approved. Me and my partner had our holy union here at Manila, Philippines. Can she apply for a fiancee visa for me? Can she seek a legal advice about this? how can we contact you? Thanks in advance.

  74. Will says:

    I’m very sorry for your loss J. E. I truly am very happy for everyone, but I feel like I’ve been kicked (re-kicked?) in the gut as yesterday brought back all kinds of memories of my partner and pangs of possibilities lost. Hope things have gotten better for you. Take care, Will.

  75. JB says:

    So glad to read all these responses and to know we are not alone. My partner and I have been together for 9 years and married in Massachusetts for 1 year. I am a US citizen and my partner is not. We have been living in the shadows in fear of being seperated at any time. We are overjoyed that the day has finally come that we can apply for legal status for him and we will no longer have to live in fear. We are grateful to all of those who have championed this cause that will now reunite families, bringing them out of exile and hiding! We too, have been both elated and crying tears of joy the past 24 hours. Thank you for all you have done!

  76. Wil says:

    This makes me so happy. Me and my partner have been engaged for almost 2 years now, I’m British and he’s American. We were waiting to officially tie the knot until news like this came along, but now we can be together properly. No more tearful goodies at the airport. :)

  77. coco says:

    I am from the Philippines and a MtF (25) . My partner is a US male ( 61) … when is best time that I can apply for a fiance visa? and I’m also planning to go to the US using a tourist visa this September , can we get marry in the states while holding a tourist visa?

  78. Kevin says:

    Will: You need to reach out to your former partner. I wish you both best of luck! This is the opportunity for which you have been waiting! Good luck!

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  80. fernando says:

    one thing is having residence, I love my american partner, I am from Peru and independent person too, and I have a job in Peru, well, now our legal situation will be better, but I need to start a new dare , i will need to look for job in USA, we need to look for the best way for having benefits for our future, health, retirement, I am adult and I cant wait much time without a job, truly I think Canada has more benefits than USA in this moment, the economic situation is not so good in california, I have background n expertise in spanish country but I will need to study more and have more qualifications in USA, well, it is my case, I give congratulations for all who settle their legal situation

  81. Mario Salgado says:

    My American partner are together for more than nine years now, im eligible to petition me for green card now that DOMA was already struck down? I am in the country ilegal status; what would be the process on changing my status? We live in Colorado, any suggestions on which immigration equality law firm we can go an seek legal counsel on this matter? THank you and Congratulations once again to immigration equality!

  82. Camila says:

    I have a question my girlfriend is in Las Vegas and Im in Uruguay , South America I was ilegal over there , so I came to Uruguay 3 years ago can she ask for me , so we can marry and I can get my green card ? and be with her over there ?

  83. Jesus says:

    I am so confused. I live in california. I am undocumented and i want to get married with my boyfriend. If we get married can i apply for a green card? And do we have to get married or civil union?

    thanks

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  85. jenn says:

    I am an American citizen and a lawful Permanent Resident of Canada. I met my wife in Los Angeles in 2007. We got married in Boston, Massachusetts where they allow same sex marriage in 2009. At present, we live here in Canada but we are very eager to go back in the U.S. Can I sponsor my wife for green card to work legally but we are outside the US?

    Thanks!

  86. Sheetal says:

    My partner and I have been together for 4 years. She is an American Citizen and I am a British Citizen.

    After 2 years of back and forth between the USA and the UK we decided to become civil partners and subsequently got “married” in the UK where we now reside.

    After DOMA was struck down we were incredibly excited at the prospect of going to the USA to live permanently but even now we find ourselves in limbo as the US are currently stating that they do not except civil partnerships as part of the immigration status.

    We have been religiously checking the USCIS site every day since DOMA was marked as Unconstitutional but have not seen anything new.

    Whilst the UK is trying to introduce equal marriage it will be at least a year we think before the changes may be made to the law if the bill passes the final stage in Parliment and gets Royal Assent.

    We have even looked at trying to get married to each other in a different country so that we can file the paperwork to move back to the US but countries are saying we can not get married as in their eyes we are already “married” even though we are registered as “civil partners”

    Do you have any update on how DOMA effects bi-national couples in exile.

    I believe that we have to wait and see what news comes from the states but it is so hard knowing that we still may not be able to live in the USA even though DOMA has been struck down.

    Any help / advice will be gratefully appreciated.

    Thank you.

  87. Evgeny says:

    Hi
    My partner lives in New Zealand and I have a green card and live in America.
    Last year we were married in New Zealand and we have a Civil Union.
    we need to change Civil union or is it the same thing as marriage?
    thank you

  88. Pingback: Gay and Lesbian Immigration Issues in the Wake of Landmark Ruling | Veritas Legal Media

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