The Supreme Court’s June 26, 2013 ruling that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional was good news for bi-national same-sex married couples. It is now possible for a U.S. citizen to file an immigration visa petition on behalf of a foreign national spouse of the same-sex.

U.S. Citizenship and Immigration Services and the Department of State issued the following FAQs regarding the ability to apply for a visa for a same-sex spouse after the fall of DOMA:

• U.S. Department of State FAQ
• USCIS FAQ
• 8/2/13 Announcement from Secretary of State John Kerry on Visa Changes for Same-Sex Spouses: “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.”