1) My partner is foreign born and we want to marry in a state where same-sex marriage is legal. Will doing so enable me to sponsor him or her for a “green card”?

Yes. After the 2013’s decision by the United States Supreme Court holding that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional, 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, the Secretary of the Department of Homeland Security 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.”

As a general matter, the law of the place where the marriage was celebrated determines whether the marriage is legally valid for immigration purposes.  Just as USCIS applies all relevant laws to determine the validity of an opposite-sex marriage, it  will apply all relevant laws to determine the validity of a same-sex marriage.  The domicile state’s laws and policies on same-sex marriages will not bear on whether USCIS will recognize a marriage as valid.

Once you and your partner marry, you can file the petition for Alien Relative, Form I-130 (and any applicable accompanying application). Your eligibility to petition for your spouse, and your spouse’s admissibility as an immigrant at the immigration visa application or adjustment of status stage, will be determined according to applicable immigration law and will not be denied as a result of the same-sex nature of your marriage.

In addition, a US Citizen who is engaged to be married to a foreign national of the same sex can file a fiancé non-immigrant visa using the Form I-129 F as long as all other immigration requirements are met, a same sex engagement allow the US Citizen Fiance to enter the United States for marriage.