Hello, I am a US citizen and reside in NC, and my gay partner is Chinese. May I now petition for a fiance visa and then marry in Washington, DC, even though my residence is in NC?
3 Answers from Attorneys
Same sex married couples are now entitled to the same federal benefits as married couples. Since NC does not recognize same sex marriages, you will need professional advise beyond the scope of the limited response we can give on this forum. Our offices will be able to offer you advise on this as soon as we get some feedback from USCIS. Feel free to contact us via email [email protected]
Until USCIS announces that they will recognize immediate relative petitions for same-sex marriages, you cannot petition your partner at this time, even if you get married right now.
Same sex marriages will be honored by USCIS. The issue for you and your partner/spouse will be getting married lawfully in a jurisdiction that recognizes same sex marriages and then file the appropriate paperwork with USCIS. You'll need to address manner of entry and other usual and customary issues with your petition/application. I strongly urge you to retain counsel.