Fairfax Same Sex Spouse Path to Immigration

If an individual is in the United States, entered legally, does not have other grounds of inadmissibility that applies to that person, and is in a same-sex relationship with their U.S. citizen spouse, then they will be eligible to apply for a green card.

An individual should consult with an attorney to discuss the paths to immigration for a same-sex spouse in Fairfax. An experienced lawyer will be able to present all the necessary evidence to help an individual apply for a green card in the United States.

Applying for Citizenship

The path to citizenship for a same-sex couple in Fairfax would begin by applying for a green card, which would be done through the Form I-130 and the Form 485, which is a green card application. At the same time, a person can file for a work authorization, which will make that person eligible to work while the application is pending, and the affidavit of support.

If a person wishes to be able to travel while the application is pending, a person can do the application for advanced parole. It is all submitted in one package. There may or may not be an interview with the USCIS adjudicator. Once it is approved, that person will receive their green card.

Marriage Regulations

If a person is married to a U.S. citizen spouse, one of two things will happen next. If a person has been married to their U.S. citizen spouse for more than two years prior to submitting the green card application, then that person will be eligible to submit their application for citizenship three years after receiving their green card.

If a person’s marriage is less than two years old at the time a person submits their green card application, then they will be issued a conditional permanent resident card. This is similar to a permanent resident card, but it is sort of a probationary period. At the end of two years, a person will have to submit another application to remove the conditions on their green card. That is basically a re-adjudication of the bonafide relationship at that point.

Assuming that is approved, a person is still eligible to apply for citizenship three years after the conditional green card was approved. There are different paths to citizenship for a same-sex spouse in Fairfax depending on the length of marriage.

Beginning the Process

If a person is ready to begin the path to citizenship for their same-sex spouse in Fairfax, that person should contact an immigration attorney. One thing to think about prior to initiating the process is that that person is going to have to prove that that individual has a bonafide relationship.

A lot of people think that a marriage certificate is enough and it is not. That person needs to prove that the marriage exists for reasons other than for immigration purposes and that includes, in addition to a marriage certificate, proof of a joint life together. It is very important to the judge if that person is comfortable with the other person. It is helpful if a same-sex spouse has family or friend that can vouch or the relationship, or any proof of trips that the couples have taken.

A judge will also put a lot of weight on joint finances. This includes joint checking accounts, savings accounts, credit cards, utility bills, leases, mortgage, or insurance policies. Providing an illustration of how their lives are joined both emotionally, financially, and logistically is important. A same-sex spouse should contact an attorney immediately to understand the best path to take toward citizenship in Fairfax.