Marriage Visas for Same Sex Couples #PrideMonth

It’s #PrideMonth, so we would like to take the time to discuss options for immigration for same-sex couples, and what would the visas for same sex couples be. 

Since the Obama administration, same-sex marriage rights have been subject to review and consideration by homeland security. 

The decree reads the following:

Statement from Secretary of Homeland Security Janet Napolitano on July 1, 2013  “After last week’s decision by the Supreme Court holding that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional, President Obama directed federal departments to ensure the decision and its implication for federal benefits for same-sex legally married couples are implemented swiftly and smoothly. To that end, effective immediately, I have directed U.S. Citizenship and Immigration Services (USCIS) to review immigration visa petitions filed on behalf of a same-sex spouse in the same manner as those filed on behalf of an opposite-sex spouse.”

What does this mean for Americans looking to petition for their same sex immigrant partner? 

Applicants can download and file Form I-130, Petition for Alien Relative. Your eligibility to petition for your spouse, and your spouse’s admissibility as an immigrant at the immigration visa application or adjustment of status stage, will be determined according to applicable immigration law and will not be denied as a result of the same sex nature of your marriage. 

If you are a same-sex couple looking to apply for a marriage visa, contact us!

Yes. You may file a Form I-129F, Petition for Alien Fiancé(e). As long as all other immigration requirements meet, a same-sex engagement may allow your fiancé to enter the United States for marriage. 

My spouse and I were married in a U.S. state or a foreign country that recognizes same-sex marriage, but now we live in a different state that does not.

Can I file an immigrant visa petition for my spouse?

Yes. The place of the marriage celebration determines whether the marriage is legally valid for immigration purposes. Just as USCIS applies all relevant legislation to determine the validity of an opposite-sex marriage, they seek all laws to determine the validity of the same-sex marriage. For this reason, the couple needs to be conscious of local laws and ensure they will be eligible to apply for immigration afterward. 

If. you are an American citizen looking to sponsor a same-sex partner abroad, contact our immigration attorneys today to have a free consultation. 

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