Same Sex Marriage Immigration Benefits For Fiancés And Spouses

Immigration benefits for same sex couples are now legal and our office is getting Fiance Visas and Marriage Visas approved for same sex couples from around the world!

As you may have heard, same sex marriages are now legal in all 50 states and this makes getting married to a same sex partner much easier than before. No longer do you have to travel to a state that allows for same sex marriages after your fiancé enters the US on his or her Fiance Visa to get married.  Also, you no longer have to worry about the religious or legal impediments in the foreign fiancés country. All Fiance Visa applications are processed by a local US Embassy who applies only US law. So even if your fiancé comes from a country that does not recognize same sex marriages or has strong religious opposition to same sex marriages, the application will be processed and approved in accordance with US law.

If you are already married and you were married in the US, you can now apply for a Marriage Visa without issue or your foreign spouse can adjust status to become a Legal Permanent Resident depending on your circumstances.

One issue to still be aware of is the legality of same sex marriages outside of the US. If the country where you were married does recognize same sex marriages then you can simply get married and apply for a Marriage Visa without any problems. Your application will be processed like everyone else’s. However, if you try to get married in a country that does not recognize your same sex marriage, then the validity of your marriage will likely not be recognized in the US. The US only recognizes foreign marriages when they are recognized in the foreign country where the marriage was attempted. In such a case, you will need to get married someplace else that allows for same sex marriages and then apply for a Marriage Visa or apply for a Finace visa and get married in the US.

Please feel free to call me 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.

Attorney Jeff Pettys

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