Immigration through family relationships is a common basis for visa applications and change-of-status petitions. These family relationships may include parents, children, and extended family members, but often they involve spouses.
Same-sex spouses have the same right to spousal immigration benefits in the U.S. as opposite-sex spouses, including the ability to sponsor spouses for family-based green cards and other visas once the marriage is considered valid in the jurisdiction where the marriage was established. If you have questions about immigration as part of an LGBTQ couple, Jag Law, PLLC can help. Contact us today to schedule a consultation with a Palm Bay same-sex marriage visa lawyer. Our experienced marriage visa attorneys can help you prepare your documentation and feel confident in your immigration journey.
Same-sex couples may face unique challenges in their relationship, but in the United States, they are entitled to the same immigration options available to other married or engaged couples. For example, if one partner in the relationship is a U.S. citizen, lawful permanent resident, or U.S. national, they can apply for a green card for a non-citizen partner through a process called the Petition for Alien Relative (Form I-130). Submitting this form establishes the couple’s relationship with immigration officials so the spouse can rely on this basis to apply for a green card. If they obtain a green card, they can become a permanent resident who is allowed to live and work in the U.S. indefinitely.
Another option is to apply for a fiancé visa, or the K-1 visa. This visa allows the foreign partner of a U.S. citizen to enter the country, as long as the legal wedding takes place within 90 days of their arrival in the U.S. This may be a good option if same-sex marriage is not legal in the spouse’s country of origin.
Finally, same-sex couples can also apply for a marriage visa, or the K-3 visa. If this visa request is granted, the foreign partner of a U.S. citizen may enter the country while waiting for their green card application’s approval, regardless of the sex of the partner. During an initial consultation in Palm Bay, our trusted same-sex marriage visa attorneys could explain your immigration options and help you determine the best path forward.
Same-sex couples are required to provide the same documentation as other couples to U.S. Citizenship and Immigration Services (USCIS) for processing immigration applications. These documents may include:
Providing the correct documentation, along with certified translations if necessary, can help expedite the processing time for the visa application. Otherwise, the processing time for same-sex couples should be the same as for any other immigrant visa application. The processing time can vary based on the application type, the visa category, and the country of origin, as well as the number of applications that USCIS has received that year.
Keep in mind that, though the U.S. treats same-sex couples the same for immigration purposes, other countries may prevent same-sex couples from emigrating, or may have laws that criminalize same-sex relationships. This can make it difficult or impossible to obtain the documentation needed for their application in the U.S. Working with a same-sex marriage visa lawyer in Palm Bay can help if this scenario applies to your relationship.
LGBTQ couples or others in same-sex relationships may have to overcome obstacles different than those faced by traditional couples. However, they should not face prejudice when it comes to applying for immigration benefits under U.S. law. Still, navigating the immigration process can be tricky without the right guidance.
At Jag Law, PLLC, our legal team can help you with immigration questions concerning same-sex marriage visas or other immigration topics. Our Palm Bay same-sex marriage visa lawyer can help you with your application or your petition on behalf of a relative or loved one. Contact us today to get started.
