For same-sex couples in binational relationships, will getting married in California permit a non-U.S. citizen to gain legal permanent residence in the U.S.?

No. Immigration is governed exclusively by federal law, which currently discriminates against married same-sex couples by refusing to recognize their marriages for purposes of any federal rights or benefits. A heterosexual person who marries a non-U.S. citizen can petition to have his or her spouse become a permanent legal resident; however, current federal law does not provide the same right to a lesbian, gay, or bisexual person who is married to a same-sex spouse from another country.

Same-sex couples in binational relationships should consult an immigration attorney before getting married in California or another jurisdiction. Will couples who are registered domestic partners in California automatically become married? No.

Couples who are registered domestic partners are free to decide whether or not they wish to marry. Those who do wish to marry must go through the formal legal steps required for any couples in California to legally marry. Will domestic partnerships in California ... more.

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