• 305-358-1500 Miami-Dade
  • 954-406-1833 Broward
  • 561-393-7400 Palm Beach County
  • 888-810-6621 Toll Free
Serving Businesses And Individuals Worldwide

Same-sex spouses can seek same visas as opposite-sex couples

Readers may be aware that family based visas are one way to bring family members into the United States to live. They may not be aware however, that the program is not limited to opposite-sex marriage. Same-sex couples that are married can also use the program to bring a qualifying relative into the U.S. This became possible when the Supreme Court of the United States ruled in Windsor v. United States that section 3 of the Defense of Marriage Act is unconstitutional.

As is the case in other situations where someone seeks to secure a visa for a family member, in addition to being a spouse, the family member could also be a stepchild.

Same-sex couples who are married may wonder if there are certain requirements that must be met in order to apply for a visa for a spouse or stepchild. As long as the marriage is deemed to be valid in the state or country where it took place, it is not necessary to reside in a state where it is currently recognized.

Same-sex married couples are not the only people who can seek a visa based on their relationship. So too can same-sex couples who are engaged to be married. In this situation a fiancé may enter the U.S. via a K visa.

It is important to note that a couple must be engaged or be in a marriage acknowledged as legal to qualify for visas of this nature. Currently domestic partnerships and civil unions are not recognized.

For many interested in pursuing this type of visa there are likely many questions. For answers to those questions, an immigration lawyer is often the best place to start.

Source: U.S. Department of State, “U.S. Visas for Same-Sex Spouses,” Accessed Dec. 16, 2014

No Comments

Leave a comment
Comment Information
Headquartered in Miami, Since 1976
Email us for a response

Get Started On Your Immigration Solutions

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Weiss, Alden & Polo, P.A.
1401 Brickell Avenue
Suite 300
Miami, FL 33131

Toll Free: 888-810-6621
Phone: 954-406-1833
Phone: 305-358-1500
Phone: 561-393-7400
Fax: 305-358-1921
Miami Law Office Map