Same Sex Marriage

Same Sex Marriage

Previous immigration policy in the United States denied couples in same-sex marriages and relationships the same rights and privileges afforded different-sex couples.  That meant if a gay or lesbian United States citizen wanted to petition for his/her spouse, that gay or lesbian U.S. citizen could not do so because of the United States law called the Defense of Marriage Act (DOMA).

On June 26, 2013, the U.S. Supreme Court ruled that DOMA was unconstitutional, in the case entitled United States v. Windsor.  Now any U.S. citizen or legal permanent resident who is validly married to a foreign national may sponsor his or her spouse for a family-based visa, regardless of the gender of each partner.  Current immigration laws and procedures still apply, so while the change in policy does not guarantee that a family-based visa will be granted, same-sex partners cannot be denied a visa on the grounds that their marriage is not recognized.

As with opposite-sex couples, engaged same sex couples may also be eligible for the K-1 fiancé visa.

Take advantage of the change in law, and contact the Law Office of Raphael M. Scheetz to assist you with your application based upon your same sex relationship.  Our services include:  determining whether both parties meet the criteria required to proceed with an application, including the legality of the marriage in the jurisdiction where it occurred; preparing the formal petition and supporting evidence; preparing the consular processing or adjustment of status application; and, preparing both clients for the final green card interview.