We’re a Binational Gay Couple: Can We Marry in the US?
Q I am legally married in Spain. My husband is a Spain citizen. I am a USA citizen. Can we also get married in the United States, such as in New York state?
Your marriage in Spain, a country that legally recognizes same-sex marriage, may be valid in the United States, but you’ll want to contact a lawyer or the Attorney General in your state of residence to see if you need to get married again in the United States.
If you do want or need to marry again, then absolutely, you can marry in New York. (Read our detailed article on how to get married in New York.) You and your current spouse can get married again in New York even if you were previously married in another jurisdiction. If you bring an original or certified copy of your current marriage certificate when applying for a marriage license here, you will not need to wait 24 hours and can hold your New York marriage ceremony right away.
You didn’t mention if your husband already has a visa, but you can file an immigrant visa petition for your spouse because you married in a country that offers marriage equality.
Information on obtaining a visa for a foreign spouse may be obtained from any office of U.S. Citizenship and Immigration Services in the Department of Homeland Security, U.S. embassies and consulates abroad, or the Department of State Visa Office, Washington, D.C. 20520-0113. General information regarding visas may be obtained by calling the Visa Office via the How to Contact Us webpage.
Kirsten Ott Palladino is the co-founder and editor in chief of Equally Wed, an award-winning wedding and honeymoon magazine for gay, lesbian, transgender, bisexual, queer and allied couples. Follow Kirsten on Twitter. Connect with her on Facebook. Write her with your gay wedding questions. If she can’t answer it, she’ll find another expert who can!
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