Citizenship and Marriage
California
Same-Sex Marriage

If a same-sex couple marries under the new California same-sex marriage ruling and one spouse is an alien who overstayed his visa can he become a US Citizen by same-sex marriage?

Answer

Wiki User
06/28/2013

Yes. Effective June 26, 2013, there is no distinction between same-sex marriage and opposite-sex marriage with respect to federal law. Effective June 28, 2013, there is no distinction with respect to California state law.

Each case is different, but the general answer is yes. An American citizen may sponsor a spouse for permanent residency (green card), leading eventually to citizenship.