Following the U.S. Supreme Court’s ruling that section 3 of the Defense of Marriage Act (DOMA) is unconstitutional, same-sex spouses now have equal immigration benefits as opposite-sex couples.
This means that consular officials must treat same-sex marriages equally to opposite-sex marriages regarding derivative visas for employment, education, and other purposes. Similarly, stepchildren from same-sex marriages can qualify for derivative status visas, just like those from traditional marriages.
Below are answers to frequently asked questions about immigration for same-sex couples.
If you need personalized advice or have specific questions, don’t hesitate to contact an immigration attorney in Los Angeles at Hanlon Law Group, P.C. You can reach out by calling (800) 976-5675 or by sending us an email. Our attorney is skilled in assisting same-sex couples with their immigration concerns.
Do same-sex couples need to live in a state where same-sex marriage is legal to obtain a visa?
No. If the marriage is recognized as legal in their home country, same-sex couples are considered married by U.S. embassies and consular officers. They can choose to live anywhere in the U.S. once they receive a visa.
Are civil unions and same-sex marriages treated the same?
No. For immigration, a partner is recognized as a spouse only if the couple legally married in their native country.
Can engaged same-sex partners apply for a K-1 (fiancé) visa?
Yes. Engaged same-sex partners can apply for K-1 fiancé(e) visas, similar to opposite-sex couples, by submitting a Form I-129F, Petition for Alien Fiancé(e) to the USCIS. If all requirements are met, the foreign same-sex partner can use the K-1 visa to enter the U.S. and marry the U.S. citizen within 90 days of visa issuance.
How can a U.S. citizen married to a same-sex foreign national bring their spouse to the U.S.?
The process typically begins by submitting Form I-130, Petition for Alien Relative to USCIS with the necessary documentation and fees. USCIS officials will then review the application for eligibility, possibly requesting additional documents, biometrics, or interviews.
Was my visa petition for my same-sex partner denied due to our relationship?
No, the nature of your relationship was not the cause of the visa petition denial. The denial letter should clarify the exact reasons for the rejection and provide options for an appeal. Common reasons for visa petition denials include failing to meet eligibility requirements, not providing necessary documentation, missing the interview, or presenting a national security risk.
If you’re unsure about the denial reasons or want to explore immigration options for a foreign same-sex partner, contact our Los Angeles immigration attorney at Hanlon Law Group. We’re dedicated to understanding legal changes and offering top-notch legal services throughout your case.
Need More Information? Contact Hanlon Law Group, P.C.
For more details about immigration for same-sex spouses and their children, reach out to a Los Angeles immigration attorney at Hanlon Law Group, P.C. Our attorney has over two decades of experience in resolving various immigration issues. We prioritize efficiency, effectiveness, and personalized service. Trust Hanlon Law Group to guide you through every step of your case. Call (800) 976-5675 or email us for a free and confidential consultation. We offer services in multiple languages, including Spanish, Mandarin, Cantonese, Vietnamese, Korean, Japanese, Bahasa Indonesian, Tagalog, and Fukienese.
From our office in Pasadena, we serve clients in Los Angeles, throughout California, and worldwide.