The United States treats same-sex marriages visas the same as opposite sex marriages for immigration purposes. President Obama established marriage equality nationwide in 2015, and since then, legally married same-sex couples have been able to apply using the same application process.
Americans with citizenship or lawful permanent resident cards can sponsor foreign nationals under the program, allowing their spouse to join them in the U.S. to live and work permanently. An experienced attorney can help guide you through the process; call us at the Law Office of Lloyd E. Bennett Esq., P.C. to schedule a consultation with our knowledgeable Union City same-sex marriage visa lawyer to learn more.
The federal government recognizes all marriages equally under U.S. immigration law, and all couples undergo the same process, regardless of whether they are same-sex or heterosexual. The first step is determining eligibility, which includes having a bona fide, legally valid marriage with documentation to support it.
That means they must be entering into a genuine marital union and not solely for immigration purposes. The sponsor applying must be a citizen or a permanent resident of the U.S.
The next step is to determine which approach is appropriate for you and your partner. If the couple is already married and the foreign spouse is living abroad, the spouse with U.S. citizenship or permanent residency must file an I-130, Petition for Alien Relative, with the U.S. Citizenship and Immigration Services to initiate the process.
When couples are legally married and both already reside in the U.S., they must file the same petition while simultaneously filing Form I-485, Application to Register Permanent Residence or Adjust Status. Doing so allows the foreign national to obtain permanent residency without having to leave the country to await processing and approval.
The couple seeking a same-sex marriage visa must be able to prove to the agency that their marriage is authentic to move forward and receive approval for marriage visas. The couple must also provide extensive documentation, which may include:
Our skilled same-sex visa attorney in Union City can help gather documentation, file applications, and monitor status updates.
The sponsor must file a Form I-864, Affidavit of Support and provide documentation to demonstrate their ability to support their spouse financially. The statute requires that they can support themselves and their spouse at a minimum of 125 percent of the federal poverty level. The law allows couples who cannot meet this guideline on their own to apply with a joint sponsor.
The spouse applying for the visa must complete an examination with an authorized panel physician and attend an appointment to provide pictures and fingerprints for background checks. An immigration officer will typically interview the couple and ask questions about the details of their relationship to authenticate their marriage.
Once all the steps are completed and the U.S. Citizenship and Immigration Services has reviewed and approved the application, the agency will approve and issue the Green Card. Our visa lawyer is experienced in same-sex marriage cases in Union City and can provide advice and guidance to help you navigate the process.
Initiating the process for a marriage visa so your partner can join you or apply for a status adjustment can be exciting yet time-consuming. Understanding the process and requirements is essential for avoiding issues and time delays. Our proficient Union City same-sex marriage visa lawyer can take the busywork off your hands and alleviate unnecessary stress. Contact our firm to schedule an appointment.
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