International same-sex couples (one spouse American, one foreign) who are facing U.S. immigration challenges now have new options available to them. The change came about thanks to the Supreme Court’s ruling on a key part of the Defense of Marriage Act (DOMA) in June 2013. The court declared that same-sex marriages that are valid wherever they took place will be honored for purposes of federal benefits, which include immigration purposes.
As long as you and your spouse of the same gender were married in a state or country that has legalized same-sex marriage, you can apply for an immigrant visa to allow him or her to live in the United States with you. Godoy Law Office can guide you through the process of applying for a spousal visa. The same is true for a fiancé(e) visa.
Our attorneys can advise you on your application for K-1 or K-3 fiancé(e) visa. We can help ensure that you submit proper verification that you meet all requirements to allow your same-sex fiancé(e) to enter the United States with intent to marry you in a state that allows same-sex marriage.
The U.S. Supreme Court’s ruling on DOMA has given hope to many international couples in the LGBT community. However, it is important to realize that any visa approval is not automatic.
To maximize the likelihood of your petition’s acceptance by the United States Citizenship and Immigration Services (USCIS), our lawyers encourage you to consult with an experienced attorney. If you have already applied and been denied, contact us for help with an appeal. USCIS may have asked you for more evidence that your engagement or marriage is in good faith. This is the time to contact an attorney if you have not already done so.
Our lawyers speak Spanish. For a consultation regarding same-sex couples and immigration, our attorneys in Chicago invite you to contact us online or call us today.