Hablamos Español
Our team
Contact us
Your Questions
Confirmation Code Confirmation Code
A  B  C  D  E  F  G  H  I  J  K  L  M  N  O  P  Q  R  S  T  U  V  W  X  Y  Z 

Same-sex Marriage Immigration

On June 26, 2013, the nation's highest court struck down part of the Defense of Marriage Act (DOMA), Supreme Court's ruling guarantee equal Immigration rights to lawfully married same-sex couples.

So far, In the United States, the District of Columbia and thirteen states recognize same-sex marriages, including: California, Connecticut, Delaware, Iowa, Maine, Maryland, Massachusetts, Minnesota, New Hampshire, New York, Rhode Island, Vermont and Washington.

Same-sex marriage could get an immigrant visa through family-based immigration into the United States, or adjustment of status in the United States to obtain a green card. Now in the United States same-sex marriage can not only live together, but also the immigrants can enjoy the treatment of permanent residents, they can work in the U.S., and after living for a certain years become U.S. citizens, then they can enjoy the same benefits of U.S. citizens. Same-sex marriage immigrants and can be further divided into four categories:

IR-1/CR-1 Same-sex Spouses of U.S. Citizens
The first immediate relative category refers to the spouses of US citizens. In order to immigrate as IR-1, the petitioner and the beneficiary should proof the bona fide relationship as wife and husband. Spouses who enter into the U.S. under IR-1 will receive his/her legal permanent resident status. If they married less than two years, the spouse will be issued a conditional Green Card, which is usually called as CR-1. The alien spouse with CR-1 is full permanent resident in all respects except the condition. Within 90 days before the second anniversary as a conditional resident, the alien spouse need to jointly petition to remove the conditions on the residency. Failure to do so will result in the termination of the alien spouse's conditional permanent residence.

F-2A Same-sex Spouses of Legal Permanent Residents
F-2 is a U.S. legal permanent resident spouse and unmarried children, an annual quota of 114,200, plus the first priority category unused quota. U.S. permanent residents can apply for same-sex couples preference family-based immigration, which belongs to F-2A. F-2A category includes U.S. permanent resident spouse and unmarried children under the age of 21, accounting for the second priority category F-2 quota 77%, and spouse or children who are in derivative status can immigrate with the principal beneficiary, and a separate petition is not required, but you need to wait for the quota, the quota can follow the progress of scheduled monthly updates Visa Bulletin.

K-1 Fianc(e) of U.S. Citizens
U.S. citizens can apply K-1 for their same-sex fianc (e) to get married in US. After K-1 holder come to America, they must get married within 90 days, and K-1 holder can apply for adjustment of status, to obtain temporary green card.

K-3 Same-sex Spouses of U.S. Citizens
U.S. citizen can apply K-3 for their same-sex spouses, who hope get together as soon as possible though K non-immigrant visas. This type of visa allows same-sex spouses come first, then apply for adjustment of status, and can also apply for a travel permit and work permit.

DeclarationSite MapUseful Links
©1984 - 2022 Immigration Express All rights reserved. Designed by Dream Express Outsourcing Inc. 沪ICP备07502454号-9