Same Sex Spouse Immigration Filing Process in Fairfax
Immigration applications and paperwork can be confusing and time-consuming. The only unique aspect of the same-sex spouse immigration filing process in Fairfax revolves around any issue where the intending spouse is in a country that does not allow same-sex marriage. That is the only situation where there is a little bit of a difference and that a person does not have the option of being abroad and entering as a green card holder. In those situations, the most straightforward route is to enter on a fiancé(e) visa and they get married here in the United States. It may be vital to contact an experienced same-sex immigration attorney before submitting your application.
Required Paperwork
The list of documents that a person is going to need to submit in order to prove their bonafide relationship will be different in every case. Each Fairfax same-sex spouse immigration case’s filing process have unique aspects that they have to deal with before they prepare the final application.
One thing that a person should think about before contacting an attorney is, independently of the immigration factors in the case, what type of pass is going to work best for them emotionally because immigration is one issue. It is not the only issue and sometimes there are factors where people could enter as spouses but they want to enter as their engaged other because they maybe want to have a big wedding in the United States or some other outside factor.
There are emotional factors that go into that as well and also other issues like timing that an immigration attorney can help a person with. For instance, the fiancé(e) visa in the past has been much, much quicker to be adjudicated than a spousal case petition. Even though entering as a spouse might be more straightforward in general, if they want to get their engaged other here faster or if they want to get their partner here faster it can be a better option.
Consultation with an Attorney
A common misconception about the same-sex spouse immigration filing process in Fairfax is that sometimes it is faster to apply for them as a fiancé(e). Sometimes that may not be true. Right now the adjudication time for the fiancé(e) visa and spousal visa is pretty much exactly the same and in a lot of cases there is no point in applying for the fiancé(e) visa, it will just be a longer process and more expensive for them. There are a lot of different moving parts and typically it can change as far as the adjudication times and procedures with USCIS, the National Visa Center, and the Consulate abroad where a person is located. It is generally during a first consultation when an attorney can help a person figure out what is the best way forward.
The individual does not have to prepare for their first meeting with a lawyer because the consultation is intended to determine the best route for them and their spouse to take. An attorney will talk through their client’s personal situation. If an individual is going to be applying for a fiancé(e) as opposed to a spouse, they are going to want to talk about the trajectory of their relationship, where they met, and brainstorm with their attorney about the types of documents that they can collect to demonstrate their bonafide marriage.