The ripple effect of DOMA’s defeat has now reached the State Department.
Same-sex spouses applying for visas will no longer be treated differently than opposite-sex spouses. The policy change will apply to all American citizens and foreigners, regardless of sexual orientation, so long as the jurisdiction in which they were married recognizes such unions.
“Effective immediately, when same-sex spouses apply for a visa, the Department of State will consider that application in the same manner that it will consider the application of opposite-sex spouses,” said Secretary of State John Kerry Friday, shortly after arriving in London from Pakistan. “If you are the spouse of a U.S. citizen, your visa application will be treated equally. If you are the spouse of a non-citizen, your visa application will be treated equally.”
“Now, as long as a marriage has been performed in a jurisdiction that recognizes it so that it is legal, then that marriage is valid under U.S. immigration laws, and every married couple will be treated exactly the same, and that is what we believe is appropriate,” he said.
Under U.S law, visas are required to visit or live in the U.S. permanently. The change in policy will help foreigners in legal same-sex marriages with American citizens acquire entry to the U.S. It will also allow gay foreigners legally married overseas to be considered jointly.









