In a previous post we wrote about the impact the Supreme Court case Windsor v. United States had on immigration of same-sex couples. Specifically we wrote about how the decision made it possible for a member of a same-sex couple to seek a visa for a family member. In this post we follow up with a same-sex married couple who after years of being apart are finally once again together in the United States.
The men—one of whom is from Brazil and the other a U.S. native—first attempted to live together in the U.S., in 2008, before the Supreme Court decision. Since at that point—despite living and marrying in a state where the marriage was recognized—the federal government did not recognize their marriage as legal, the U.S. citizen was unable to sponsor his husband for legal residency. Instead, his husband had to move back to Brazil.
When the U.S. Supreme Court ruled on the matter the men encountered difficulty reviving their 2008 petition. Though it was finally approved in August 2013, the green card just recently arrived.
Though the men are pleased with the recent development their interaction with the immigration system is not yet complete. The Brazilian plans to seek citizenship as soon as he is able—a minimum of three years from now.
Undoubtedly assistance from an immigration lawyer was integral in securing the adjustment of status. In addition, it is likely that an attorney will play a role in securing citizenship as well.
Source: Boston Globe, “Arrival of green card ends couple’s 12-year battle,” Evan Allen, Jan. 5, 2015