The U.S. Department of State (“DOS”) has now issued FAQs for handling of same-sex spouses in both the immigrant (green card) and nonimmigrant (temporary visa) categories, following the Supreme Court’s finding, in Windsor v. United States, that Section 3 of the Defense of Marriage Act is unconstitutional. Effective immediately, DOS will treat same-sex spouses and their children identically to opposite-sex spouses and their children. This means that same-sex spouses whose marriages, whether foreign or domestic, are legally recognized where they occurred are now eligible for immigrant visas, K-1 fiancé visas, nonimmigrant dependent visas, and all other visa benefits (including spousal employment authorization, where applicable) that opposite-sex spouses currently enjoy. It also means that the children of same-sex spouses will now be treated as “stepchildren,” with corresponding visa benefits.
