Can a permanent residence application be filed by a same-sex foreign spouse?

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Yes. The eligibility to file a permanent residence application by a same-sex foreign spouse will be determined according to the immigration laws applicable to an opposite-sex spouse. If the same-sex foreign spouse is married to a permanent resident (as opposed to a U.S. citizen) then the same-sex foreign spouse can only file the application when an immigrant visa number becomes available. The wait time can be years.