US Supreme court has ruled that Same sex couple may not be discriminated against. This includes immigration, meaning that same sex married couples may apply for spouse visas, and same sex engaged couples may apply for fiancee visas.
In June 2013, the Supreme Court ruled that Section 3 of the Defense of Marriage Act (DOMA) which discriminated against same sex marriage is unconstitutional.
A week later Homeland security Secretary: Janet Napolitano officially announced:
“I have directed U.S. Citizenship and Immigration Services (USCIS) to review immigration visa petitions filed on behalf of a same-sex spouse in the same manner as those filed on behalf of an opposite-sex spouse.”
So far no specific instructions, special procedures, etc have been handed down. HOWEVER Experts agree, that the process for same sex spouse’s applying for Spouse visas should also be treated the same as mixed gender couples.
Your Spouse needs permission from the US government to allow him or her to enter the USA. This is called a CR1 Spouse visa.
By Fred Wahl
the Visa Coach