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Official Guidance from USCIS regarding Same-Sex Couples

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http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=2543215c310af310VgnVCM100000082ca60aRCRD&vgnextchannel=2543215c310af310VgnVCM100000082ca60aRCRD

In short:

  • As you're probably aware thanks to DOMA being struck down, you can now petition for immigration benefits if you're in a same-sex relationship.
  • However, what's also interesting is that if you feel your petition (or know that your petition) was struck down for this reason, you can email USCIS-626@uscis.dhs.gov to have the decision looked at again. They say they'll do it automatically but don't rely on this alone.
  • In general, as long as you were married in a state that has legalised same-sex marriage (for the purposes of an I-130) then that's fine by USCIS. There are exceptions though.
  • And again, in general - throughout your entire process you will now be treated as if you were an opposite-sex couple including all the way up to removal of conditions and naturalization.

"What's yours is mine!"

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