Our office has been receiving questions on the immigration impact of DOMA. The most common clarifications are listed below.

• You do not have to live and file your petition in a marriage equality state to apply for immigration benefits.  A marriage is valid if valid where celebrated so notwithstanding residence, if you were married in a state or country that recognizes your marriage; you are eligible to apply for permanent residence.
• If you are currently here in the US on non-immigrant status, your spouse is eligible for a dependent visa. This assumes that you were married or will marry in a marriage equality state or country.
• The fiance/e visa is available to committed couples who are not yet married. In situations where the foreign national partner is abroad, wants to come to the US, however not eligible for the permanent residence option because you are engaged/committed but not married: the U.S. citizen can file fiance/e visa application. This application requires the couple to demonstrate that they have a "bona fide" relationship. When the visa is granted, the couple is required to marry within 90 days of the foreign partner's entry into the US.  Once married, the couple can file the marriage-based application from within the United States.
• Another option for families that can travel to another country that has marriage equality, would be to marry there and then have the U.S. citizen  sponsor the foreign national spouse for a permanent residence through consular processing in his/her home country.
• It is still unclear whether civil unions or domestic partnerships are eligible for the immigration benefit.