Same sex marriages
Marriage Visas for Same Sex Partners or Visas for Same Sex Marriages
Following the Supreme Court of Justice’s ruling in the case of Windsor v. United States, significant changes were made almost immediately in policy and the interpretation of legislation in the United States.
Currently, according to the Secretary of State Guidelines, Immigration Authorities have begun reconsidering the implementation of Immigration Laws in the spirit of the new precedential ruling of the US Supreme Court.
In the Windsor ruling, the court ruled that the provision of the Defense of Marriage Act law, which states that a covenant of marriage exists only between spouses of different sex, is unconstitutional. Upon termination of the clause, the US Immigration Court immediately began acting in the spirit of the new ruling and on the very same day it was published, stipulated that a US citizen who is lawfully married to a same sex foreign national has the same right to apply for granting a permanent resident status for their spouse, as a US citizen who is lawfully married to a heterosexual foreign national spouse.
However, there has been no change regarding spouses who are not legally married in the country where the ceremony took place. In other words, the change applies only to couples who are legally married in the country where the wedding took place.
How does this reflect on other types of visas, when not dealing with an immigration visa? According to the guidelines of the US State Department and Immigration Services, the change applies for married spouses applying for various categories of temporary visas, such as: student visas, work visas, etc. The law is similar for stepchildren of the visa applicant, under the circumstances. Of course, all must be in accordance with the existing law, when dealing with the required conditions and evidence for issuing the visa in the same category.
Furthermore, if the same sex couple married in a country where same sex marriages are not legal, and have not elected to travel to another country where it is legal for the purpose of marriage, it is possible to apply for a Fiancée Visa and move to one of the states that allows same sex marriages in the United States.
According to the US Department of State guidelines, the new laws apply for legally married same sex couples (as stated above) who intend to reside in one of the US states, even if that state does not recognize same sex marriages.
Same sex marriages were previously legalized in only 23 states, however the guidelines applied regardless of the state in which the couple intends to reside after entering the US. Recently, in OBERGEFELL v. HODGES the Supreme Court ruled that same sex marriage is a right guaranteed under the U.S. Constitution.
For further information, see Constitutional right to Same- Sex Marriage
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