Immigration Marriage for Same-Sex Couples

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Most Common Immigration Law Issues:

What Is an Immigration Marriage?

Marriage immigration is when a non-citizen marries an American citizen who is living in the U.S. If the non-citizen spouse wishes to obtain a visa to live and work permanently in the U.S., they can apply to enter the U.S. either on a fiancé or marriage visa.

What Types of Visas Can My Non-Citizen Spouse Get?

There are two common types of visas for spouses or significant others:

Can Same-Sex Couples Get a Marriage or Fiancé Visa?

Yes, same-sex couples can get either a marriage or fiancé visa. After the Supreme Court ruled that the Defense Against Marriage Act was unconstitutional, the United States Citizenship and Immigration Services (USCIS) agency applies the same rules and requirements to both same-sex and opposite-sex couples.

The USCIS reviews the laws of the jurisdiction where the marriage took place and determines if the same-sex marriage is legally valid.

What Evidence Is Needed to Prove That Our Marriage Is Valid?
It is the applicant’s responsibility to provide the necessary evidence to establish that a valid marriage exists. Evidence such as:

Should I Get an Immigration Lawyer?

Yes. Immigration is a complicated process. An immigration lawyer can advise you on how best to proceed in obtaining your visa, and may even help your application be processed quicker.

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Last Modified: 03-12-2015 11:31 AM PDT

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