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.