"I'm from Palestine. Where gay marriage is not legal. Can I still get a fiancee visa to the USA?"
We process quite a few same-sex applications and since they passed DOMA, you can definitely file for the fiancee visa but, just a disclaimer: We work with over a hundred and seventy four countries and we're not familiar with all the laws in every single country. And we are aware of the fact that it can be dangerous in some countries pursuing a same-sex relationship or marriage. So it would behoove you to do a little research on your own country, just to make sure that you're not going to be in any danger, because I would hate to tell you that you can process your fiance visa there in Palestine in that particular country and then put you in any harm's way or in any danger or anything.
But I can tell you as far as the the USCIS and the Department of State, Department of Homeland Security, you can definitely file for a fiance visa. If it's too dangerous for you to do it there, they do also have a process at the Department of State where you can request a transfer of your case or petition. You would have to write a written statement stating why you were felt you're in danger in harm's way, and they would make a decision on where to transfer that case to.
If you are aware of a particular embassy near you that is probably more friendly to this type of case you may even request that embassy, but again as a disclaimer, please do your research. We've successfully processed over 40,000 petitions and we've processed quite a few same-sex petitions but there's no way we can know every single law out there for every country so so just make sure you check that out on your own.
