It’s difficult enough to get marriage visas when your fiancé or spouse is a foreign national. Due to prejudices and legal issues, same sex couples face even more issues. Whether you are looking to apply for the Adjustment of Status, K1 fiancé visa, or K3/CR1 spouse visa, it is worthwhile looking into the dilemmas other gay couples have faced. The good news is the recent ruling by the United States Supreme Court.
On June 26, 2013, the U.S. Supreme Court declared DOMA (Defence of Marriage Act) unconstitutional. According to DOMA, the only valid marriage was between a man and a woman. As several states have legalized same-sex marriages, DOMA violated the rights of those gay couples. Also, the Fifth Amendment guarantees all U.S. citizens equal rights, which would include same-sex couples.
Now, legally same-sex couples have equal immigration rights as heterosexual couples. If you were legally married before the DOMA ruling, your foreign spouse can now apply for the Adjustment of status, file I-130 petitions, and obtain a green card if the application is completed correctly with the appropriate supporting documents.
But it’s still important to know what particular problems your foreign spouse might end up facing due to being in a same-sex relationship, before they submit an application for a marriage visa.
Before mailing your application, same sex couples should ensure all red flags in their situation has been addressed. Using the Visa Streamline service ensures this is done so you avoid delays and denials.
Here are three main issues you should consider:
1. Recognition of Same-Sex Marriage
If the country of your foreign spouse’s residence does not allow same-sex marriage, you can’t be legally married in that country. In order to apply for marriage visa, your foreign spouse will have to ensure that you are married in a place which has legalized same-sex marriage.
If you – the U.S. citizen spouse/fiancé live in a state that does not recognize same-sex marriage, then your foreign spouse/fiancé can have problems with their application. The government ruling offers same rights to same-sex couples who are legally married. But, you can only be legally married in a state that allows it.
2. Evidence of Your Relationship
Your foreign spouse will need to provide proof of relationship with the correct supporting documents. If your relationship was conducted in secret then they may have less evidence, in which case they will need to convince USCIS that the relationship is genuine.
Use the Visa Streamline System. It provides you a complete checklist on what types of supporting documents are required.
3. Unusual Circumstances
If you or your foreign spouse have children from previous marriage, especially from previous heterosexual relationship, then they need to be prepared to provide further evidence or more interview details.
The evidence of relationship can contribute towards this, but they will also need to convince the Consulate that you are in a committed same-sex relationship, with the intention to marry (if they are applying for K1 Fiancé visa), or to sustain the marriage (if they are applying for K3/CR1 Marriage visa)
Yes! DOMA has been repealed and as of June 26, 2013 we have begun helping same sex couples apply for their marriage visas and green cards.
If you have questions, call us at 800-471-6326 or email us at support@tnvisaexpert.com
If you want to get started with your application, click here to create your free trial account.
Previously, U.S. federal law under DOMA prohibited same-sex couples from applying for an Adjustment of Status, K1 Fiance visa or K3/CR1 Spouse Visa. The supreme court has overturned DOMA and Proposition 8 now allowing for gay married couples to have rights.
Due to confusion and the recent allowance of same sex couples to file marriage visa application, gay or same sex couples should obtain assistance when filling their immigration applications to avoid any delays or denials.
Ensure that your foreign spouse submit their application carefully and correctly. If there are any doubts at all about what to do, then do not submit the application. The whole process will become harder if they are rejected.
1. Contact us if you have any questions
2. Use the Marriage Visa Streamline Service
We can help you complete your application quickly, stress-free and without high lawyer fees.
You will:
Author Jacob Sapochnick serves as the Managing Partner/CEO of a prominent law firm that focuses on immigration law. Boasting an extensive legal background spanning over a decade, he adeptly merges his enthusiasm for law with cutting-edge technology to aid clients worldwide in their journey to immigrate to the United States.