The decision raised many questions for same-sex couples in states like Florida, where marriage is constitutionally defined as between one man and one woman.
Consider a case in which Peter, an American Citizen, marries Jorge, an Argentine national in Argentina, where gay marriage is legal since July 22, 2010, and they reside in Florida. Would they be able to receive full immigration benefit? Would Jorge be able to get his green card and won’t be separated from Peter, even while leaving in Florida?
It is very likely they will! If you are in a marriage that’s valid under the laws in the jurisdiction in which the marriage took place (in our hypothetical Argentina), it will likely be recognized as a valid marriage for immigration purposes, regardless of whether it is recognized under the laws of the state in which you reside. This is because the Federal, as opposed to the State, Government has the power to grant immigration benefits.
If you have questions as to whether you could qualify for immigration benefits, call Schonberg & Timerman, P.L. to schedule a consultation at 954-843-3494.