If you were married in a state or country that recognizes same-sex marriage, but intend to live in a state that does not, you can still file a visa petition for your spouse. Immigration law is federal law, and generally recognizes the law of the state or country of marriage. Janet Napolitano of the Department of Homeland Security has issued a statement recognizing this general rule.
Our firm represents people throughout the United States and abroad. If you are wishing to petition for your spouse or fiance from abroad, you are welcome to contact our office regardless of your state of residence.
We will continue to answer Frequently Asked Questions regarding gay marriage and immigration via our blog