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Marriage is alleged to be the final word testomony of your love for one more individual. In case your partner occurs to reside in a foreign country, the gap may cause added pressure to the connection. Thankfully, with the landmark Supreme Courtroom resolution in 2013, United States v. Windsor, after which later one other ruling in Obergefell v. Hodges, not solely are homosexual marriages legally acknowledged however they’re considered the identical as heterosexual marriages beneath U.S. immigration legislation so homosexual and lesbian {couples} can get hold of marriage inexperienced playing cards for his or her companions. On this information we’ll discover some widespread hurdles same-sex {couples} face when making an attempt to acquire a homosexual marriage inexperienced card in addition to ideas to make sure the best likelihood of an approval.
Homosexual Marriage Inexperienced Card Course of
Since homosexual marriages are considered equally as heterosexual marriages beneath U.S. immigration legislation, the method is basically the identical. There are nevertheless, typically added hurdles when having to show that the connection is bonafide. Different matters we’ll cowl embrace whether or not civil unions qualify beneath the necessities, how same-sex marriage legal guidelines in nations have an effect on the method, ceaselessly requested questions, and extra.
Distinguishing Between Marriages and Civil Unions/Home Partnerships
For a very long time, civil unions had been the one possibility homosexual and lesbian {couples} had when eager to legally legitimize their relationship and reap a few of the civil perks that include it. Underneath U.S. immigration coverage, nevertheless, civil unions and home partnerships don’t meet the necessities to acquire a homosexual marriage inexperienced card — you have to be legally married. If you’re in a civil union, it’s best to contemplate getting married (authorized in all 50 states since 2015). You additionally don’t want to fret about any native or state legal guidelines which will deter same-sex relationships as a result of federal legislation is what governs immigration coverage and same-sex marriage is authorized in the US.
Now, that is sadly not the case in case your union was fashioned in a rustic that doesn’t acknowledge same-sex marriage. There are at the moment 29 nations that legally allow homosexual marriage:
- Argentina
- Australia
- Austria
- Belgium
- Brazil
- Canada
- Columbia
- Costa Rica
- Denmark
- Ecuador
- Finland
- France
- Germany
- Iceland
- Eire
- Luxembourg
- Malta
- Mexico
- The Netherlands
- New Zealand
- Norway
- Portugal
- South Africa
- Spain
- Sweden
- Switzerland
- Taiwan
- United Kingdom
- United States
- Uruguay
On the opposite finish of the spectrum there are a selection of nations which have legal guidelines criminalizing same-sex relationships. A variety of nations in Asia in addition to the Center East don’t acknowledge homosexual marriage. A few of these embrace Afghanistan, Antigua & Barbuda, Algeria amongst others. If you end up in a scenario the place you need to petition on your associate however homosexual marriage isn’t authorized of their residence nation, it’s best to contemplate making use of for a K1 visa in any other case referred to as a fiancé visa.
Demonstrating the Legitimacy of Your Similar-Intercourse Relationship
One of the essential components that might be evaluated by USCIS officers when making use of for a homosexual marriage inexperienced card is the legitimacy of your relationship. Pictures of you and your associate are nice to incorporate as a part of your I-130 petition, along with any letters or different correspondence over the course of the connection. You probably have a relationship together with your partner’s in-laws, that will also be useful to your case as a result of USCIS officers or consular officers could ask questions pertaining to them through the inexperienced card interview. When you would not have a constructive relationship together with your partner’s in-laws attributable to homophobia, be trustworthy together with your solutions and simply clarify that to the officer. On the naked minimal, nevertheless, it’s best to know some fundamental details about them like their names to indicate good religion in making an attempt to determine a relationship. When pursuing a identical intercourse marriage inexperienced card, it’s possible you’ll be suggested to additionally present paperwork demonstrating that you just and your partner reside collectively, if that’s the case. Issues like a rental or lease settlement, joint electrical or water payments, joint financial institution accounts, memberships, subscriptions, and joint bank cards could be helpful in addition to some other documented type of advantages that your partner receives, for instance out of your job or from a life insurance coverage coverage. The essential factor for paperwork to indicate is that each names are on them together with the identical tackle. If none of those paperwork are pertinent since you worry dwelling together with your associate attributable to discrimination or anti-LGBTQ+ sentiments in your neighborhood it’s best to seek the advice of a professional immigration lawyer who can help you to find related proof to bolster your case.
Are K1 fiancé visas permitted for same-sex {couples}?
You may apply for a K1 visa on your same-sex associate if the petitioning partner is a U.S. citizen. On the K1 Fiancé visa, as soon as your associate arrives to the U.S. you’ve got 90 days to get married in any other case they should return to their residence nation.
Paperwork that Serve As Proof of Marriage
The next paperwork can function proof of you relationship and to fulfill a few of the USCIS necessities:
- Lease or mortgage paperwork with each names
- Property deeds with each names
- Joint checking account statements
- Driver’s license with the identical residence tackle
- Utility payments with each names
- Life insurance coverage polices with every individual as beneficiary
Homosexual Marriage Inexperienced Card Interview
Homosexual marriage inexperienced card interviews are structured that very same as heterosexual inexperienced card interviews. The consular officer’s job is twofold – they have to decide if the wedding is bonafide and if the overseas nationwide needs to be issued a inexperienced card. In the course of the interview you’ll be requested numerous questions on the way you met, the way you spend your time collectively, relations with in-laws and different kinfolk, and so on.
Steadily Requested Questions
What occurs if I used to be in a heterosexual relationship in my previous?
Initially you will have to reveal any prior marriages you’ve got had on the I-130 petition, in addition to licensed copies of divorce or loss of life certificates. It’s crucial to not attempt to conceal a previous marriage or lie about it. You probably have had a heterosexual relationship in your previous, it isn’t an automated deal-breaker for acquiring a homosexual marriage inexperienced card together with your new partner. Be ready to reply questions on your previous relationship through the interview. Your lawyer can advise you ways greatest to handle questions previous to assembly with immigration officers. Issues get a bit bit extra tough when you filed for a wedding inexperienced card previously for this heterosexual relationship. USCIS could contemplate fraud was at play and much more so when you turned a U.S. citizen from a previous heterosexual relationship and are actually making use of for a identical intercourse marriage inexperienced card. If you end up on this scenario, disclose all particulars to your lawyer in order that they’ll greatest information you all through the method.
Are there particular necessities to acquire a identical intercourse marriage inexperienced card?
No, identical intercourse marriage inexperienced card candidates should meet the identical necessities as heterosexual marriage inexperienced card candidates.
Can I apply for a identical intercourse marriage inexperienced card if I’ve a civil union?
Sadly, a civil union doesn’t suffice to use for a homosexual marriage inexperienced card. You have to be legally married to file. If you’re in a civil union, it’s best to contemplate getting married or in case your associate lives in a foreign country you possibly can apply for a K1 fiancé visa as properly.
What if the immigration officer throughout my interview is homophobic?
Since a USCIS officer can wield plenty of energy over whether or not or not you’re authorised on your homosexual marriage inexperienced card it’s possible you’ll be apprehensive about bias or discrimination based mostly in your sexual orientation. You may relaxation assured that these officers are required to bear critical coaching surrounding LGBTQ issues and their job is to hold out U.S. immigration legal guidelines so they aren’t allowed to concern selections based mostly on their private beliefs. They often are understanding of challenges homosexual {couples} face with relative and relations.
What if I received married in a rustic that doesn’t acknowledge homosexual marriage?
With a view to petition on your partner on a wedding inexperienced card, you could have been married in a rustic the place same-sex marriage is authorized. Let’s say as an illustration you had been married in Algeria the place it isn’t acknowledged, and also you associate doesn’t reside in the US, your greatest plan of action could be to file for a fiancé visa after which get married in the US (inside 90 days) the place it’s authorized in all fifty states. To file the K1 visa you first must file Kind I-129F, Petition for Alien Fiancé(e). After you obtain an approval for Kind I-129F, about 30 days later the overseas associate ought to obtain a letter from the U.S. embassy of their residence nation with particulars in regards to the time and date of their visa interview. The sponsored associate should additionally file DS-160, On-line Nonimmigrant Visa Software and submit the required paperwork. The ultimate step is the visa interview which the overseas associate will do on the closest U.S. embassy or consulate close to them. Further proof could also be requested for USCIS to make a closing resolution on the case.
The State Division only recently issued a coverage change that now permits youngsters born exterior of the US through surrogacy or in vitro to identical intercourse {couples} to acquire U.S. citizenship so long as they’re genetically associated to a minimum of one guardian. Previous to this modification, the kid needed to be genetically associated to the U.S. citizen guardian in an effort to qualify for citizenship.
Can my partner apply for naturalization after 3 years?
Similar to heterosexual {couples}, inexperienced card holders married to a same-sex U.S. citizen associate can apply for naturalization after three years.
What’s the submitting price for a wedding inexperienced card?
The fee to file an I-130, Petition for Alien Relative, is $535 which could be paid with a cash order, private verify or cashier’s verify. Further charges could apply for lawyer prices, and so on.
What’s the homosexual marriage inexperienced card timeline?
Your entire homosexual marriage inexperienced card can take anyplace from 9-38 months or extra relying on the USCIS caseload and any Requests For Proof (RFE) which will come up. Step one is to submit the I-130, Petition for Alien Relative (with supporting paperwork) to determine the validity of the connection. Together with Kind I-130 submit proof of the wedding certificates and different paperwork displaying you reside collectively (joint financial institution accounts, utility payments, and so on.) From there, the subsequent step is to use for everlasting residency. Do you have to be dwelling in the US, you possibly can file an adjustment of standing with Kind I-485 similtaneously your Kind I-130. When you reside exterior of the U.S. then you possibly can apply for the wedding inexperienced card through consular processing. That mainly signifies that you wait in your house nation till your I-130 is authorised. When USCIS authorised it, they ship the discover to the Nationwide Visa Heart who will then ship you a discover by mail or electronic mail which can have directions for submitting your Nationwide Visa Heart submitting package deal. Within the package deal, it’s best to embrace the federal government submitting charge, Kind DS-260, copy of your start certificates or passport photograph web page, police clearance certificates and I-864 Affidavit of Help. In any case these paperwork have been submitted, the final step is your inexperienced card interview. USCIS will ship you the discover for when your inexperienced card interview appointment is. The size of time the complete course of will largely rely upon in case you are already dwelling inside the US and whether or not you’re already married or want to use for the fiance visa first.
Search a Skilled Immigration Lawyer
As with every essential life resolution it’s essential to have an skilled immigration lawyer by your aspect when submitting on your partner. Simply the slightest errors on the appliance paperwork can result in extended processing time, further charges, requests for proof and extra. Our staff has handles numerous marriage inexperienced card circumstances and we proceed to have glorious approval rankings for our purchasers. Give us a name to schedule a free session in the present day!
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