seadal69

With the United States Supreme Court decision in the summer of 2013 to strike down the Defense of Marriage Act (DOMA), the door was opened for same-sex marriages, on a state-by-state basis, in the United States. With this decision, both the Department of State and the United States Citizenship and Immigration Services (USCIS) were directed to allow American citizens and Legal Permanent Residents (LPR's) to petition for their same-sex spouse. It also allows for American citizens to apply for a K-1 fiancé visa for their same-sex fiancé. The one caveat to this is that the marriage must take place in a country or a state that recognizes same-sex marriages. If the fiancé comes to the United States to marry, the couple just needs to go to a state where same-sex marriages are recognized, and marry there. They do not need to live in the state where the marriage occurs. If they live in a state that does not recognize same-sex marriages, USCIS will still conduct the interview and approve the application, as long as the marriage was valid in the state were the marriage took place. The law also gives foreign born same-sex spouses the same rights and privileges as opposite sex spouses, which means they can apply to become a United States citizen 3 years after their application has been approved and they are given their green card.