Tag Archives: LGBT immigration lawyer Fort Myers

Same Sex Marriage Visas

Same Sex Marriage Visas

Same Sex Marriage Visas.  The Supreme Court of the United States held that same sex marriages are legal; therefore, USCIS must recognize same sex marriages under immigration law.  In theory, there are three different ways that a U.S. citizen can sponsor his or her same sex partner for a visa.  First, if the couple is currently living in the United States and is already married, it may file a marital petition and an adjustment of status petition from inside the United States.  In Fort Myers, the current processing time is approximately 14 to 15 months from the time the petition is filed until the interview is held.  Second, if the U.S. citizen’s spouse is living abroad, the U.S. citizen can file a marital petition on behalf of the spouse, and the spouse can be interviewed at the U.S. consulate at his or her country of residence.  Third, if the couple is not yet married, the U.S. citizen can file a fiancee visa on behalf of his or her same sex partner.  Once the fiancee visa is approved, the partner can enter the United States.  The couple can then get married in the United States and file an adjustment of status petition inside the United States.

Same Sex Marriage Visas – Discrimination Issues

One of the frequent questions that clients ask is whether their case will be subject to additional scrutiny because they are a same sex couple.  The United States government is not allowed to discriminate on the basis of sexual orientation.  The government is required to conduct its interview and review of the file as it would a non same sex couple.  Keep in mind that some countries, most notably the Philippines, do not allow same sex marriages.  If one partner lives in a country that does not recognize same sex marriages, the United States citizen will have to file a petition for fiancee visa.  United States law, not the law of the foreign country, would apply in deciding whether the same sex partner is eligible for a fiancee visa.  The same sex partner could then enter the United States, and the couple could get married in the United States.

Rothrock Law Firm has obtained visa approvals for same sex couples seeking marital visas as well as fiancee visas. If you are a same sex couple seeking a marital or fiancee visa, contact attorney Carl Rothrock at 239-206-2363.

LGBT Immigration Issues

LGBT Immigration Issues

LGBT immigration issues.    Although the Supreme Court of the United States has legalized same sex marriages, LGBT couples still face some unique challenges in immigration law.  Below are a list of some LGBT immigration issues and what  can be done to overcome the challenges:

  1. USCIS requires applicants for marital visa to prove that they have a legitimate relationship. Such proof includes joint bank accounts, leases, and photos.  In the case of an LGBT couple, the couple might have little proof of their relationship because they have been “in the closet” for years before the laws changed.  Couples faced fear of retribution from employers or fear of safety from the community so they often hid their relationships.  The Rothrock Law Firm has represented LGBT clients in this situation.  The firm has advised couples to get several affidavits from people who have known them for several years describing the fact that the couple has had a legitimate and loving relationship.   The firm has also advised couples to show hotel receipts or plane tickets to show that they have traveled together on vacations.
  2. The laws vary from country to country as to whether same sex marriage and/or relationship is legal.  If the law in one country prohibits same sex marriage, the couple does not have the option to get married in the country that prohibits the marriage.  Ft. Myers immigration attorney Carl Rothrock has advised couples in this situation to apply for a fiancee visa.  The United States citizen files the visa application from inside the United States.  Once approved, the fiancee has his or her interview in the country of his or her residence.  Although same sex marriages might be prohibited in that country, United States law applies in granting the fiancee visa.  The applicant can then leave his or her country and get married in the United States.
  3. Many LGBT couples were previously married to members of the opposite sex.  Their concern is that the immigration officer will view the prior marriage as fraudulent and will deny the current application because of prior fraud.  Ft. Myers immigration attorney Carl Rothrock has advised couples in this situation to prepare a detailed affidavit explaining that the prior marriage was not fraudulent.  Rather, the person entered the prior marriage with good intentions, and things did not work out.  The firm has also recommended getting affidavits from the prior spouse explaining that the marriage was entered into with good intentions.

Rothrock Law Firm has obtained fiancee visa approvals and marriage visa approvals for LGBT couples in Ft. Myers, Naples, and Cape Coral.  If you are an LGBT couple seeking an immigration attorney, call the Rothrock Law Firm at 239-206-2363.