DOMA & Immigration

As expected,

Section 3 of the Defense of Marriage Act, Pub. L. No. 104 199, 110 Stat. 2419, 2419 (1996), is no longer an impediment to the recognition of lawful same-sex marriages and spouses under the Immigration and Nationality Act if the marriage is valid under the laws of the State where it was celebrated.

But, this is going to be a legal night mare for immigration lawyers.

We will therefore sustain the petitioner’s appeal. The issue of the validity of a marriage under State law is generally governed by the law of the place of celebration of the marriage. See Matter of Lovo, 23 I&N Dec. at 748. The Director has already determined that the petitioner’s February 24, 2010, marriage is valid under the laws of Vermont, where the marriage was celebrated. See Vt. Stat. Ann. tit. 15, § 8 (West 2013) (effective Sept. 1, 2009). Thus, the sole remaining inquiry is whether the petitioner has established that his marriage to the beneficiary is bona fide. See Matter of Laureano, 19 I&N Dec. 1 (BIA 1983); Matter of McKee, 17 I&N Dec. 332 (BIA 1980); Matter of Phillis, 15 I&N Dec. 385 (BIA 1975). We will remand the record to allow the Director to make that determination.

What is the state of a marriage

• if the marriage happened in another country where such marriage is legal & the state in the US they want to immigrate is not legal?
• if the marriage happened in another country where such marriage is not legal, but the state in the US they want to immigrate is legal?
• if the marriage was celebrated in a state where such a marriage is legal, but the state they currently reside does not consider it a marriage?