The recent Supreme Court’s ruling against The Defense of Marriage Act gives married gay couples all the federal benefits and rights that straight married couples are entitled to, which presumably should include the right to apply for a K1 Fiance Visa, a CR1/IR1 Marriage visa and Legal Permanent Residency for same sex spouses.
Janet Napilitano, Secretary of Homeland Security, confirmed the effect of the ruling in a statement yesterday. “I applaud today’s Supreme Court Decision…..This discriminatory law denied thousands of legally married same sex couples many important federal benefits, including immigration benefits,”, she said “working with our federal partners, including the Department of Justice, we will implement today’s decision so that all married couples will be treated equally and fairly in the administration of our immigration laws.”
K1 Fiance Visas and The Defense of Marriage Act (Doma)
Given the Court’s ruling, I don’t see how USCIS can now preclude same sex couples from applying for Fiance Visas, Marriage Visas and Legal Permanent Residency for the spouse of a same sex marriage. There are still some questions about where you can get married to a same sex partner and how such same sex marriages will be viewed in states where it is not yet recognized and allowed, but these issues will work themselves out and should not keep you from applying for immigration benefits. With our help and support, its time to try!
Please feel free to call me toll free at 1-888-515-3529 to discuss your same sex marriage plans and your need for Immigration help. Our office would be happy to assist you in filing for a same sex fiancé visa, marriage visa or help with adjusting your partners status to obtain Legal Permanent Residency based on your same sex marriage.