Alexandria Same-Sex Couple Visa Lawyer

Obtaining legal status as a same-sex couple can prove to be an intimidating milestone for those unfamiliar with the immigration process. However, people should know that there are very few differences between visas for opposite-sex couples and same-sex couples. With this in mind, same-sex couples should feel confident in their ability to obtain legal status.

For help with getting the immigration process started, contact an Alexandria same-sex couple visa lawyer today. With a detail-oriented attorney at your side, you can potentially expedite the approval process while ensuring that all your applications are error-free. Call today to learn more.

How Does a U.S. Citizen or Permanent Resident Sponsor a Same-Sex Family Visa?

U.S. citizens and lawful permanent residents (Green Card holders) in a same-sex marriage file for their spouse in the same manner as opposite-sex couples. As a result, the U.S. citizen or lawful permanent resident submits Form I-130 on behalf of the prospective immigrant.

With regard to the U.S. citizen petitioner, if the spouse is present in the United States and entered lawfully and has no other immigration issues, they will be able to apply for the I-485, the application for adjustment of status together with the I-130.

With respect to the lawful permanent resident petitioner, if there is a visa currently available and the prospective immigrant entered lawfully and is in lawful status, then they will be able to submit the I-485 concurrently with the I-130. If the other individual, the prospective immigrant, is not present in the United States, then the I-130 is filed and once the visa becomes available an immigrant visa is submitted and an interview held abroad.

Is the Filing of Form I-129F Different?

The U.S. citizen will file the I-129F in the same manner as a same-sex couple. The I-129F is submitted to U.S. Citizenship and Immigration Services (USCIS) with evidence that the couple is free to marry, that they have met in person within the last two years, and have the intention of marrying within the first 90 days of the immigrant coming to the United States. After the I-129F is approved, then the prospective immigrant submits the DS-160 online so that they can be interviewed at the U.S. embassy or consulate abroad and they can enter with the K-1 visa.

Instances When Same-Sex Marriage Will Not be Treated the Same

The only time same-sex marriage will not be treated the same is if the marriage is not recognized by another country as a legitimate marriage. If the foreign national resides in a country where same-sex marriage is not recognized, then obviously the U.S. citizen and permanent resident cannot marry their spouse abroad and then petition for them as their spouse. The proper avenue will be to petition that person as a fiancé(e) and then marry where same-sex marriage is recognized.  However, it is worth noting that only U.S. citizens may petition for a fiancé(e).

Role of an Alexandria Same-Sex Family Visa Attorney

Just like with opposite-sex couples, an Alexandria same-sex couple visa lawyer can help the U.S. citizen or lawful permanent petitioner and the foreign national navigate the immigration process and assist in providing the proper documentation for the I-129F if the individual coming in as a fiancé(e) or the I-130 or the I-485 process when the couple is married.

The process of acquiring all the evidence that will prove the legitimate nature of the relationship can sometimes be daunting. As a result, hiring an attorney can alleviate the process of having to gather all that evidence while ensuring that all the forms are completed correctly. If you wish to use these benefits to your advantage, get in touch with a legal professional today.