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TJ, Esq.
TJ, Esq., Attorney
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Experience:  JD, MBA
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hi, question: im a belgian citizen living/working in california

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question: i'm a belgian citizen living/working in california for the last 4.5 yrs (on a H1 visa). Ilive in san diego and I'm gay. My boyfriend is Mexican and lives in Tijuana (Mex). Can we get married in california ? if not what are the rules ? thanks
Hello and thank you for allowing me the opportunity to assist you.

Yes, based on the Supreme Court's ruling earlier this week, you can get married in CA. In fact, the governor immediately order that marriage licenses be given to gay couples. The fact that neither you nor your boyfriend are US citizens is not a factor. You do not have to be US citizens in order to get married in the US, and in fact, your boyfriend does not even have to live in CA. Of course, he'll need to come to CA with you to get the license.

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied. Also, your positive feedback is much appreciated. Thank you for using our service!

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Customer: replied 3 years ago.

Thanks, XXXXX XXXXX would allow my boyfriend to stay/live/work in CA with me ? like can I get a H2B visa for him?

Hi again.

If you were a citizen, then the answer would be yes because the recent Supreme Court ruling regarding the Defense of Marriage Act prevents the Federal government from treating gay married couples differently. So, you'd have the same rights to bring your spouse into the US as a heterosexual person. But if you're not a citizen, then you may not be able to do that. However, that is beyond the scope of your original question because it is an immigration question rather than a family law question. You should start a new question in the immigration category to get a more informed opinion.
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