Yes, following the Supreme Court’s decision in United States v. Windsor, which overturned DOMA, you are now eligible to petition for your spouse. Your spouse’s admissibility as an immigrant at the visa application or adjustment of status stage will be determined according to applicable immigration laws and will not be automatically denied due to the same-sex nature of your marriage.

Yes, you can file the petition. In evaluating the petition, USCIS generally looks to the law of the place where the marriage took place to determine its validity for immigration purposes. This general rule has some limited exceptions, where federal immigration agencies have historically considered the law of the state of residence in addition to the law of the state where the marriage was celebrated. Whether these exceptions apply depends on individual, fact-specific circumstances. If necessary, we can provide further guidance on this matter going forward.

Same-sex marriage is recognized in the following states: California, Connecticut, Delaware, Iowa, Maine, Maryland, Massachusetts, Minnesota, New Hampshire, New Jersey, New York, Rhode Island, Vermont, Washington, as well as in six counties in New Mexico (currently on appeal to the State Supreme Court).

Yes, you may still qualify. You will need to apply for an I-601 waiver and attend a visa interview at a consulate. If your spouse is a U.S. citizen, you may qualify for a provisional waiver while remaining inside the United States.

Yes, based on the Supreme Court ruling in Windsor, the US government will now recognize any same-sex marriage that was entered into legally in state/country of marriage.

Yes, you can still qualify. However, be prepared to answer questions about your prior marriage during your interview with USCIS or at the consulate. It is highly recommended to consult with an attorney before filing any immigration forms.

It can be very challenging for foreign nationals to obtain visas to enter the U.S. They must demonstrate that their intent is not to remain in the U.S. permanently. The more adverse the conditions in their home country, the harder it can be to prove that their visit to the U.S. is temporary. The most crucial aspect of a tourist visa application is proving ties to their home country, such as owning property, having stable employment, and maintaining close family relationships.

It may be beneficial if the foreign national is visiting the U.S. for a specific, limited purpose, such as attending a work-related conference. Generally, it is advisable for the applicant not to disclose a long-term relationship with an American citizen, as this could suggest an intention to remain in the U.S. permanently, likely leading to a visa denial. Foreign consulates have significant discretion in deciding visa applications, and there is no appeal process for a denial.

However, now that DOMA has been declared unconstitutional, gay and lesbian U.S. citizens can file fiancé/e visa applications on behalf of their committed partners. This process requires the couple to demonstrate a “bona fide” relationship. Once the visa is granted, the couple must marry within 90 days of the foreign partner’s entry into the U.S. After marriage, the couple can file a marriage-based application from within the United States. Alternatively, for those who can travel to another country with marriage equality, marrying there and then having the U.S. citizen sponsor the foreign national spouse for a green card from their home country is another viable option.

Yes, as of January 4, 2010, the U.S. lifted its HIV ban for immigrants and nonimmigrants. This means that green card applicants are no longer tested for HIV, waivers are no longer required, and travelers are no longer asked about their HIV status.