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.