Gay Couple Married AbroadIs it possible to apply for permanent residency if I marry a USC in a country where gay marriage is legalized?
Is it possible to apply for permanent residency if I marry a USC in a country where gay marriage is legalized? No. DOMA explicitly prohibits the federal government from recognizing same-sex marriage.
Thank you for your replay. So...that means that these couples (this is my case by the way) must live outside the United States, even though one of them is American. That is so not right! Is there anything we can do? Are there any cases appealing in court? (or something like that)
Yes, under current law they must live outside the US, or find some other way for the noncitizen to live inside the US (e.g. work visa, or green card through another relative or the lottery).
There are constantly cases in court over this, but none have had any success beyond the state level. It likely would take a Supreme Court ruling to change Federal immigration law to recognize same-sex marriages.