My girlfriend and i are in a same sex relationship. I live in Canada and her in the US. I want to move their and be a citizen and marry her. But, she lives in chicago and were not sure whether our marriage would be legal there. I know of K-3 Visas, but would i still be able to apply, if we got married in say, Washington where it is legal, but we live in chicago, where we don't think it is legal.
2 Answers from Attorneys
Yes, you should be able to go forward with the spouse visa petition as long as the marriage is legal in the state of marriage.
You may find information that will be updated as clarification is received from the USCIS on these issues here:
Yes, you shall be eligible to get immigration benefits based on the marriage, which needs to be valid at the time and place of marriage. You may live in any state where marriage among same sex is not valid and still get the petiiton approval.
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