Frequently Asked Questions

Which countries allow same-sex marriages?

Argentina, Belgium, Canada, Denmark, France, Iceland, Netherlands, New Zealand (starting August 19, 2013), Norway, Portugal, South Africa, Spain, Sweden, Uruguay (starting August 1, 2013), as well as certain jurisdictions in Brazil and Mexico.

Do I need to be a resident of a state to get married in that State?

No.

I have a civil union from another state. Can I still get married in a state that recognizes same-sex marriage?

Yes, as long as you are marrying the same person. If you are marrying a different person, you will need proof that your civil union ended (i.e. death, dissolution, divorce, or nullity).

I am in a State Registered Domestic Partnership. Can I still get married in a state that recognizes same-sex marriage?

Yes, as long as you are marrying the same person with whom you are registered as a Domestic Partner. If you are marrying a different person, you will need proof that your domestic partnership ended (i.e. death, dissolution, divorce, or nullity).

What documents do I need to get married?

In most states, both parties must appear in person and bring valid picture identification to the County Clerk’s Office to apply for a marriage license. Valid picture identification is one that contains a photograph, date of birth, and an issue and expiration date. Some states and counties may also require a copy of your birth certificate. If you have previously been married you will need to know the date your last marriage ended and how it ended. You may also be required to present a final judgment of the dissolution.

Is same-sex marriage legal in the state of California?

Yes. Marriages that occurred before Proposition 8 are valid. California first began issuing marriage licenses to same-sex couples on June 16, 2008. The issuance of those licenses was halted on November 5, 2008 due to the passage of Proposition 8, a state constitutional amendment barring same-sex marriages. On June 27, 2013, the granting of same-sex marriages recommenced after the United States Supreme Court decision in Hollingsworth v. Perry declaring Proposition 8 as unconstitutional.

Will immigration benefits be given to those who hold civil unions or domestic partnerships?

No. Those who hold civil unions or domestic partnerships must legally get married in a state that allows same-sex marriage. Only then will the federal government recognize the marriage.

Which states recognize same-sex marriages?

California, Connecticut, Delaware, District of Columbia, Iowa, Maine, Maryland, Massachusetts, Minnesota (starting August 1, 2013), New Hampshire, New York, Rhode Island (starting August 1, 2013), Vermont, Washington State.

Are you able to help clients nationwide?

Absolutely. Cueva & Higbee specializes in serving clients nationwide and worldwide. We have state-of-the-art technology allowing us to effectively communicate and keep our clients informed of every step taken with their case. Our clients are able to log-in to our website and view real-time case status updates, complete questionnaires, check off documents that have been submitted, and view notes made by their attorneys. Our clients love that they are able to see what steps have been taken with regards to their case and any future steps necessary for completion. We also regularly Skype with our clients who may want a face-to-face meeting who otherwise do not have the time to visit one of our offices. At Cueva & Higbee we are able to do things differently - which our clients appreciate.

How do I know if I qualify for immigration benefits?

Immigration law sill remains one of the most complex areas of law. Determining eligibility depends on many factors, such as your manner of entry into the United States, any past immigration history, past criminal history, and the length of stay in the U.S. The firm of Cueva & Higbee has created a state-of the art eligibility test to determine all the immigration benefits you may be eligible for. To find out your eligibility, you may begin a self-test on our website or you may give us a call.

I married my partner abroad in a country that recognizes same-sex marriage. Will the United States recognize that marriage for immigration purposes?

Yes, as long as you are legally married in a country that recognizes same-sex marriage. The new Supreme Court ruling has allowed the federal government to treat all marriages equally. Since immigration is governed by federal law, immigration benefits will now be given to same-sex couples, no matter where you reside.

I married in a state where same-sex unions are allowed. However, I have moved to a state that does not recognize same-sex marriages. Can we still apply for immigration benefits?

Yes, as long as you are legally married in a state that recognizes same-sex marriage. The new Supreme Court ruling has allowed the federal government to treat all marriages equally. Since immigration is governed by federal law, immigration benefits will now be given to same-sex couples, no matter where you reside.