The Supreme Court’s decision in United States v. Windsor (2013), which struck down the Defense of Marriage Act’s (DOMA) exclusive definition of “marriage” and “spouse” as unconstitutional, provided much for same-sex spouses to celebrate. In Windsor’s wake, immigration officials announced that same-sex binational couples may now petition for their foreign-national spouse to obtain lawful permanent residency in the United States.
Before a visa petition may be granted, however, the same-sex couple must prove that the marriage is valid under state law and qualifies under the Immigration and Nationality Act (INA). This article discusses the visa petition process with focus on how it affects same-sex couples that reside in Texas.
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