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Frequently asked questions regarding naturalization and same-sex marriages
Q1: I am a U.S. citizen or lawful permanent resident in a same-sex marriage to a foreign national. Can I now sponsor my spouse for legal residency?
A1: Yes, you can file the petition. Your eligibility to petition for your spouse, and your spouse’s admissibility to the United States will not be automatically denied as a result of the same-sex marriage.
Q2: My spouse and I were married in a U.S. state that recognizes same-sex marriage, but we live in a state that does not. Can I file an immigrant visa petition for my spouse?
A2: Yes, you can file the petition. In evaluating the petition, USCIS looks to the law of the place where the marriage took place.