Before the Defense of Marriage Act (DOMA) was overturned in July of 2013, individuals who were in a same-sex marriage with someone outside of the U.S. were not eligible to sponsor their spouse for a K visa. Likewise, non-citizens who were in a same-sex marriage with a U.S. citizen were not eligible to immigrate to the U.S. with a K visa. Now that DOMA has been overturned, however, all married couples are treated equally when it comes to marriage immigration.
Feiner & Lavy, P.C., Attorneys at Law is here to help you reunite with your spouse in the United States. Whether you are a U.S. citizen or a permanent resident, you may be able to sponsor your spouse or your fiancé(e) for a visa. The process is different depending on whether one of the spouses is a U.S. citizen or a permanent resident, and whether the other spouse is currently in the U.S. or is in another country.
U.S. citizens have preference when it comes to sponsoring their spouses for immigration. Spouses of U.S. citizens may be able to enter the country on a non-immigrant K3 visa. This visa allows the spouse to remain lawfully in the U.S. while they wait for a green card visa number to become available. The U.S. citizen will file a Form I-130,Petition for Alien Relative and then file a Form I-485, Application to Register Permanent Residence or to Adjust Statusafter the Form I-130 has been approved. If the spouse is already present in the U.S., the citizen will file both forms the same time.
Permanent residents can also sponsor their spouses for entry into the U.S., but they do not have the same preference as U.S. citizens do. If their spouse is present in the U.S., they must file Form I-130 for their spouse and, after a visa number becomes available, file Form I-485. If the spouse is outside of the U.S., they must file Form I-130 and wait for a visa to become available. Once a green card is available, the spouse will go through consular processing before entering the country.
Speak with a New York immigration lawyer from Feiner & Lavy, P.C., Attorneys at Law right away if you are looking to help your spouse immigrate to America. We know your same-sex immigration rights post-DOMA and will act as strong advocates on your behalf. Your attorney will help you fill out the paperwork, gather the necessary documentation, and submit everything on time so that your spouse is able to reunite with you as soon as possible.Call now at (646) 863-8099 to contact us and discuss your case with an attorney who cares!