Same-Sex Marriage and the Immigration Process


Falling in love with someone from another country can present some unique challenges. This is especially true when you are in a same-sex relationship. Helping your loved one immigrate to the United States can be challenging, but there are some simple forms you can fill out to help facilitate the process.

Here are two things to keep in mind as you try to help your loved one come into the country legally.

1. Same-sex spouses are eligible for family-sponsored visas.

If you and your loved one have been married in a country that recognizes same-sex marriages are being legal, you have the opportunity to petition the United States government for a family-sponsored visa in order to help your spouse gain entry into the country.

You will need to complete an I-130 form and mail any required supporting documentation (marriage certificate, biographical data sheet, etc.) to the appropriate U.S. Embassy office. A government official will evaluate your spouse's eligibility for an I-130 visa on the basis of his or her personal information, and your same-sex relationship status will not be a factor in determining eligibility.

2. Same-sex partners are eligible to obtain a fiancé visa.

If you have yet to marry your loved one but you are engaged and hoping the marriage can take place in the United States, you can file for a fiancé visa. This type of visa will allow your same-sex partner to enter the United States for your marriage, and will give him or her time to file for permanent residence status once the marriage is complete. In order for your same-sex fiancé to qualify for this type of visa, you will need to file an I-129F form.

Accompanying documentation that should be prepared along with the official form includes proof of a face-to-face meeting between you and your loved one within the last two years, proof of your U.S. citizenship, and proof that you intend to marry once your fiancé is in the United States. The requirements for same-sex couples are no different than the requirements for opposite-sex couples seeking a fiancé visa.

Don't let your same-sex relationship status prevent you from seeking entry into the United States for your foreign loved one. If you are in a committed same-sex relationship then your loved one may qualify for a family-sponsored or fiancé visa that will grant entry into the country so that you no longer have to be separated from your beloved. If you need assistance, talk to an immigration lawyer like Carmen DiAmore-Siah Attorney At Law.


1 November 2016

Immigration Without Your Spouse

Many people immigrate to another country in order to work or attend school, and they must leave their spouses behind. My name is Roberta, and I believe that many people do not understand their rights involving having spouses in the country with them and bringing spouses into the country permanently. In this blog, I will discuss the laws and regulations involved in immigrating without your spouse and then having that spouse join you at a later time. I will suggest ways to find an immigration attorney to help you with your case, and I will provide other resources where you can get information and advice.