LGBT Immigration Lawyer in New Jersey
Fiancé Visas & Green Cards for Same-Sex Couples
Major legal changes have provided new immigration benefits to same-sex married couples. Undocumented same-sex spouses now have access to immigration benefits that were previously only available to heterosexual couples. If one spouse is already a U.S. citizen or permanent resident, a couple may use their marital status to obtain a visa or green card for the other spouse.
Defense of Marriage Act Ruled Unconstitutional
The new access to immigration benefits stems from the recent U.S. Supreme Court decision that declared the Defense of Marriage Act (DOMA) unconstitutional. The ruling was made on July 26, 2013. Previous to this ruling, same-sex marriages were exempt from taking advantage of immigration benefits such as K-1 visas and green cards through engagements or marriage to US citizens.
Fiancé K-1 VISA Eligibility
Spouses of same-sex marriage are now eligible for K-1 fiancé visas and K-3 spouse visas. For each of these visas, the applicant's will have to show satisfactory proof to the USCIS that the engagement is valid.
Every individual's circumstance is different. Therefore, it’s important that you work with an attorney experienced in immigration law. Any errors or omissions in the application process may prevent the applicant's ability to obtain a K-1 nonimmigrant visa in a timely fashion, which ends up costing more time and money.
Green Card Eligibility for Same-Sex Spouses through Marriage
Same sex couples may now apply for green cards and obtain permanent residency through a marriage-based case. The green card may be issued for a 2-year conditional resident status, or a 10-year permanent resident status, depending upon the length of the marriage prior to adjusting status.
The green card process is the first step towards citizenship. Those who hold a green card for three years and remain married (5 years if divorced) and resided in the U.S. for at least half of that time, may apply for naturalization and begin the process of becoming a U.S. citizen.
Get Immigration Assistance from Our Team
Only an immigration lawyer can give you legal advice. If you want legal counsel and help concerning your application, call our lawyer today and schedule an initial consultation. During this time, we will review your immigration history and decide whether you qualify. Additionally, we will look at your complete immigration history and the immigration status of your family to determine if there is another path available.
Practicing since 1987, my firm has the resources, knowledge, and skills necessary to achieve your goals. We have helped over 10,000 immigrants with their immigration matters. While no one can promise a result, we can promise that we will begin working on your case immediately to resolve your matter quickly.
Reach us today: call (800) 909-8129 or use our short online form to discuss your case as soon as possible.
Experienced & Proven Success Since 1987
Personally Assisted Thousands of Individuals
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Q:I live in the US and I am marrying a US citizen. How can I get a green card and become a permanent resident?
A:Assuming you have entered the US with a visa or are protected by an old law called 245i, you may be eligible to adjust status to receive a green card from within the US. If you have been illegally present for more than 6 months, you cannot travel until the green card is in hand. Current processing time is about 5-7 months.
Q:I am a fiancé(e) of a US citizen and I am living outside the US. How can I enter the US to marry?
A:Your fiancée must apply for a Fiancée Visa, also known as the K-1 Visa. The visa is for parties who have physically met within the past two years, have an intent to marry, and can document a relationship together. The visa is only for those who are residing abroad and cannot be used if the alien is in the US. The application is filed from within the US and when approved, will be forwarded to the American Consular where the alien fiancée will apply for the visa and be interviewed by an officer - usually about 8-12 months from the date of filing.
Q:I live outside the US and I married a US citizen. How can I come to the US to live?
A:To enter the US after a marriage to a US Citizen, you would go through Consular Processing. Paperwork would be filed in the US and forwarded to the embassy abroad to schedule an interview. The processing time frame from start to finish is between 9-11 months, depending on the embassy abroad. The process is document-intensive and requires careful attention to detail.