As of 2015, the U.S. Citizenship & Immigration Services makes no distinction between opposite-sex and same-sex couples when it comes to recognizing and enforcing the rights of lawfully married spouses. This means that a person in a same-sex marriage with lawful status in the U.S. can sponsor their spouse for immigration in the exact same way that any other person might.
However, since not every country in the world views same-sex marriages in this way, reuniting gay couples across international borders can still be tricky in many situations without the guidance of a qualified marriage immigration attorney. By working with a San Diego same-sex marriage visa lawyer, you could give yourself and your family the best chance possible of achieving the bright future in the U.S. that you desire.
Both current citizens and individuals with lawful permanent resident status may sponsor their same-sex spouse to immigrate here. However, it is important to note that sponsors with LPR status must seek a family preference visa rather an immediate relative visa. Either way, the sponsoring spouse must begin the visa application process on their partner’s behalf by submitting Form I-130 to USCIS.
For most married couples, there are no additional rules for the application process other than those applicable to other family-based visa applicants, regardless of either married partner’s sexual orientation or gender identity. However, if someone wants to sponsor a spouse to whom they have been married for less than two years, that potential immigrant would only be eligible for conditional permanent residence if their visa application is accepted.
Within 90 days prior to the date on which this conditional status expires, both the visa recipient and their spouse must apply to have the conditions on the former’s immigration status removed by filling Form I-751. A San Diego lawyer could help a same-sex couple through the application process for a marriage visa.
The United States recognizes same-sex marriages that were lawfully performed in other countries to the same extent that it recognizes the unions made within U.S. borders. Furthermore, while USCIS does not provide a distinct process for a foreign national to immigrate here for the express purpose of marrying a same-sex partner, an eligible U.S. citizen could sponsor their soon-to-be spouse for a fiancé(e) visa.
Several unique requirements apply to this type of visa, the most important of which is that the recipient and their U.S.-based sponsor must intend to get married to each other within 90 days of the immigrant’s lawful entry to the U.S. A same-sex marriage visa attorney in San Diego could provide crucial assistance understanding and applying for the right permit to suit a particular couple’s best interests.
Bringing your fiancé(e) or spouse to live in the United States with you can be the first step toward a brand new life together. Still, there are mant procedural hoops you and your spouse will need to jump through before you can live in the U.S. together, and even a small mistake during the application process could have huge consequences for your petition.
In light of that, seeking help from a San Diego same-sex marriage visa lawyer should be a priority for any gay couple looking to apply for an immigration permit together. Call today to schedule a meeting.