1. Anyone from anywhere can get married in the State of California now, same-sex  or straight – you do not need to be a resident of California and or of the United States; licenses will be granted and you have to marry within 90 days of receiving the license.  

2. There is no guarantee that your California marriage will be recognized anywhere else;  

3. However, it is important to note that if you get married in California and you live where your marriage is not recognized by that US State or by the Country where you reside,  it will be impossible to divorce in your home State (except New York, Massachusetts, Canada, and some other countries) and it will also not be possible for you to come back to California for a divorce unless you reside in California for six months preceding the Petition for divorce. So while there is no residency requirement for a California marriage there is a residency requirement to terminate the marriage. 

IMMIGRATION and travel from another Country to the United States for the purpose of marrying a US citizen:

This is where the great injustice and anomaly prevails; whereas immigration law, under Federal jurisdiction provides for straight spouse to petition for a “fiancé visa” and green card for a spouse, same-sex marriage is specifically denied any and all rights under Federal immigration law, as it is enacted in the Defense of Marriage Act, that “marriage can only be between a man and a woman.”   So essentially one can marry a person from a different country, have shared custody/ parentage of children born in the US and yet nothing protects the foreign spouse from deportation if he/she breaks legal status and is here illegally. There are many thousands of US citizens in gay and lesbian relationships unable to petition for their partner. There is a Bill before Congress called the Unity of American Families Act (UAFA) but at this time its support is minimal.   People should inform their representatives about the hardship this causes US citizens and the children.

If you are planning to come to the US to marry an American in a same-sex marriage:

1.  You will need a visa to get into USA.   An immigration lawyer can help you determine which type of visa may be available to the foreign partner. Student and other special visas may be available; however one should consult with an immigration attorney before deciding how to enter as it is often very difficult to make changes once in the US.

2. If the immigration authorities find out that a visitor or student visa holder is planning on marrying here, they will probably not let the person into the Country. Most people are questioned by immigration authorities when entering the US. The questions can be tricky. A visitor’s visa requires a specific intention to go home.  If the officer believes you are here for any other purposes or in attempting to stay in the USA, it is likely that the person will be put back on a plane and sent home.

Bi-national couples suffer severe hardship in the USA and remain at risk if they marry, because marriage shows that the foreigner had no intention of leaving the country. Hopefully the US congress and sponsors of the UAFA will do more to promote it. 

Bottom line, think twice as if you marry you may be acting in a manner that is prejudicial to your ultimate immigration goals. Second bottom line, be sure to get legal advice from an expert when taking action that impacts your legal life.

Copyright; Melanie Nathan © 2008.[Melanie Nathan]  Permission to Olivia to Publish.