Hello, all.
To make a long story short, I am a US citizen and my husband has been in the US as a permanent resident since May of 2023. We were married in Colombia in 2019, began his process of immigrating under the CR-1 Visa program, which eventually became an IR-1 during the long delays of the pandemic, and he was issued a Green Card around the time he relocated here in 2023. It was a long road, and now we may have more to do.
Considering the current political climate, especially as it relates to immigration and LGBTQ+ rights, we are thinking about what steps we need to take in order to protect our marriage and his immigration status in the (seemingly likely) event that Obergefell v. Hodges (2015) is overturned, perhaps as soon as this Summer. My understanding is that this would send the issue of same-sex marriage back to the states, and being in Georgia, it's likely same-sex marriage would once again become illegal here. Fortunately, for now, the language of the Respect for Marriage Act (2022) should protect a certificate that we obtain in a reliably blue state. So, we're thinking of doing just that. But, I have some questions that I have not been able to answer with my research so far.
Can anyone confirm that our Colombian certificate would, indeed, be nullified if same-sex marriage becomes illegal in the state of Georgia? I'm pretty confident the answer would be yes, even in spite of the Respect for Marriage Act, but have not been able to confirm for sure.
Would there be any problem having both our Colombian certificate and a US certificate issued by, say, the state of California? I've seen that requirements for marriage licenses/certificates explicitly state that you cannot already be married, of course. But I have not been able to determine if this applies to foreign certificates.
If it would pose a problem, what would we need to do?
Once we have said US marriage certificate, would we need to provide any updates to any immigration authorities?
Any advice would be much appreciated. Thank you all and stay resilient in these uncertain times.
Derek & JP