Last month, the Supreme Court overturned the Defense Against The Marriage Act (DOMA). In the US prior to this, even if the same sex couple lived in a state that recognized gay marriage, they were not entitled to any federal benefits, which meant if their same sex spouse was not a US citizen, they could not petition for a green card visa.
The Supreme Court’s decision is going to change the way matrimonial, divorce and immigration law all operate.
Previously in Thailand, if a same sex couple wanted to petition for a visa, be it marriage or fiance, even if the US petitioner was from a state that recognised gay marriage, they visa would still not be granted as federal law trumped state law.
Chaninat and Leeds specialise in US marriage and fiance visas
This is now no longer the case and theoretically speaking, such couples should now be able to apply for for a fiance or a marriage visa, not least given that Janet Napolitano, the Secretary of Homeland Security issued a statement following the Supreme Court’s decision which said, “President Obama directed federal departments to ensure the decision and its implication for federal benefits for same-sex legally married couples are implemented swiftly and smoothly. To that end, effective immediately, I have directed U.S. Citizenship and Immigration Services (USCIS) to review immigration visa petitions filed on behalf of a same-sex spouse in the same manner as those filed on behalf of an opposite-sex spouse.”
So we do expect to see an influx of these types of cases and applications now in Thailand. Of course whether such applications will be dealt with smoothly is another story, but the DOMA decision is certainly bringing with it interesting developments.
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