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QUESTION: can the fist spouse, the dual filed a divorce here.

ANSWER: Immigration Experts are not allowed to answer this question, as it is a family law question.

QUESTION: out of curiosity, Canada recognize same sex marriage and so is California the second one met another lesbian, if they move to California to get marry, can her us new girlfriend file immigration for her under 130 if the new girlfriend
ANSWER: US federal law does not recognize same sex marriage, so a US citizen cannot file an immigration petition on behalf of a same sex partner, regardless of whether California and Canada recognize it as a valid marriage. US immigration law is governed by federal statutes, and the federal Defense of Marriage Act explicitly states that federal law does not recognize same sex marriages.

QUESTION: the Canadian spouse keeps silent about the Canadian and her first partner marriage filed in Canada, will USCIS trace their marriage from CANADA, possible?

ANSWER: Yes. Even if same sex marriage was recognized by the US and you could file a petition for a same sex couple, background checks would show a valid marriage in Canada. Also, lying on a petition or applicant is a federal offense, and is the basis for denial of benefits and a permanent ban from entry to the US for the foreign national.

QUESTION: if the same sex marriage recognized in California and the couple move to Texas, must Texas recognized it too?

ANSWER: No. Family law is a state issue, so one state does not have to recognize a same sex marriage because another one does. Texas does not recognize same- sex marriages formed in other states.

QUESTION: must the immigration federal recognized it too?

ANSWER: No. Federal law trumps state law. So the federal government does not have to recognize the marriage in California.

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