Same-Sex Family Visas in PG County

Marriage is a unification that should not be exclusive to just one sexual orientation. Thankfully, and rightfully so, the United States has made it possible for same-sex couples to tie the knot. This right is also reflected in the immigration process by allowing same-sex couples to apply for family visas in order to enter the United States. If you wish to learn more about same-sex family visas in Prince George’s County, be sure to get in touch with a knowledgeable immigration attorney for help.

How Can a Married Same-Sex Sponsor File for a Spouse for a Family-Based Immigrant Visa?

A petition filed by a U.S. citizen or lawful permanent resident who is married to a same-sex partner is the same process as applying for those in an opposite-sex marriage. The U.S. citizen or permanent resident will submit the Form I-130 on behalf of the intending immigrant.  If the intending immigrant lives abroad then then they will be interviewed at the U.S. Embassy. The couple can also apply the I-130 and I-485 at the very same time if the immigrant spouse is present in the United States and entered lawfully.

What is the Process of a Same-Sex Fiancé Petition?

A fiancé(e) petition for a same-sex partner is the same as in an opposite-sex engagement. The U.S. citizen will submit Form I-129F, the filing fee, and supporting documents. Once the I-129F is approved, the fiancé(e) will be interviewed at the U.S. Embassy abroad and will then enter the United States and have 90 days to marry the U.S. citizen.  Lawful permanent resident (Green Card holders) may not file Form I-129F for a fiancé(e).

If an I-130 or an I-129F was previously denied due to the Defense of Marriage Act (DOMA), then the petitioner should contact the U.S. Citizenship and Immigration Services (USCIS) to reopen the petition so that new filing fees are not required. The couple can then proceed with the remainder of the process which is applying for the visa abroad.

How Do Same-Sex Marriages Affect the Residency Period Required for Naturalization?

Same-sex marriages are subject to the same requirements as opposite-sex marriages with regard to the time required to apply for naturalization. So if one is married to a U.S. citizen and obtained lawful permanent resident status through that U.S. citizen, then one can apply for citizenship after two years and nine months of being a permanent resident as opposed to the four years and nine months wait that people who obtained their lawful permanent resident status through other means have to wait.

Schedule a Consultation Today to Learn More

In order to apply for a family member to remain in the United States, an attorney can obtain the required information to complete the forms accurately and submit the supporting documents the USCIS requires for certain family relationships. For example, for the spousal petition, the USCIS will want to see the bona fides of that marriage, including joint lease, joint bank accounts, pictures, etc.

To learn more about the process for obtaining same-sex family visas in PG County, be sure to get in touch with a knowledgeable attorney today.