An article on reuters.com tells the story of many foreigners and immigrants in same-sex couples who, in spite of the legalization of marriage in California, face expired visas and deportation due to federal immigration policies that do not recognize same-sex couples.  

For Rita Boyadjian, the recent legal triumph for gay marriage has been bittersweet.  Her partner of six years is a German national whose student visa is set to expire.  This month, the couple and their 9-month-old baby will move to Germany so they can remain together.  

“I am very happy for my friends and I do know a lot of people who are getting married this summer … but I am sad that while the celebrations are going on, I have to leave.”

Gay rights activists estimate that 40,000 binational gay and lesbian couples in the United States are caught in the same legal limbo. A solution, they say, is years away.

Making same-sex marriage an issue to be determined by each state seems to ignore instances, like this one, that require cooperation and agreeing policies between the federal and state governments.  Other countries that have legalized same-sex marriage have adapted in such a way:

At least 19 nations worldwide provide some form of immigration benefits to the same-sex partners of citizens and permanent residents, while the U.S. still refuses. They include Canada as well as about a dozen European countries.

Full article here