US citizens can now petition for their same-sex foreign partners and bring them to America. To get your same-sex spouse a Green Card, you need to be legally married to your spouse and your marriage must be genuine.
You will be granted access to immigration benefits only if you were married in a state that is in favor of same-sex marriages. Remember that people married in states that are against same-sex marriages will not become eligible for benefits.
To know whether you are eligible for federal and immigration benefits, you need to know which states have legalized same-sex marriages. Following are the American states that recognize same-sex marriages.
- New Hampshire
- New York
- Rhode Island
- Washington, D.C.
If you were married in one of the above mentioned states, you will not be denied federal benefits of marriage and immigration benefits. If you were married in state that is in favor of same-sex marriages and you currently live in a state that has not legalized gay marriages, you will still be granted access to all the benefits.
Many American states still do not allow same-sex couples to marry. Benefits such as Social Security benefits and Medicaid, will not be granted to people who were married in such states that have banned gay marriages.
American states like Oregon and Nevada have not legalized same-sex marriages but allow such couples to register as domestic partners. Domestic partnerships and civil unions are not legal marriages, and couples in domestic partnerships and civil unions will not be granted access to immigration benefits and other federal benefits.
US citizens who were married in states that allow gay and lesbian couples to marry, can now petition for their same-sex foreign partners. They can sponsor their spouses for Green Cards and US visas.