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Visas for Same Sex Spouses

Visas for Same Sex Spouses

A Supreme Court ruling on June 26, 2015, made same-sex marriages legal and recognized in Texas and all other states in the U.S. A U.S. citizen or permanent resident can now sponsor their same-sex spouses for visas and green cards. The application process remains the same.

Applying for visas for same sex spouses is possible, even if you were previously denied a visa because your same-sex marriage was not recognized. You can seek to get a visa if you and your spouse are legally married.

What Visas for Same Sex Couples Are Available?

You and your spouse can apply for the same visas as any other married couple. If one spouse is a United States citizen and would like to sponsor their spouse for a green card, file Form I-130. You’ll need to meet the same requirements as any other married couple. For example, you may need to prove you can support your non-U.S. spouse and that you’re getting married for legitimate purposes, not just immigration reasons.

If you’re a U.S. citizen and wish to sponsor a same-sex non-U.S. fiancée, you can file Form I-129F. If you can show you meet all requirements any couple must prove, you will be able to get a visa so your fiancé(e) can enter the United States to get married to you. You can also sponsor a same-sex spouse for work authorization by filing Form I-485.

A wide range of benefits and visa options are available based on marriage status. If you’ve been denied a visa previously solely because your same-sex marriage wasn’t recognized in the United States, you may be able to get the USCIS to reopen your application. As long as nothing else makes you ineligible, you may be able to get a visa. If you didn’t previously apply for a visa because your marriage status wasn’t recognized, you now have the option of applying as long as you’re legally married.

Do I Need an Attorney?

Couples who have faced discrimination or denial of a visa before are sometimes concerned about applying again and feel more comfortable with Texas visa lawyer for same sex couple applications by their side. In addition, some same-sex couples worry about encountering discrimination in the process.

Some spouses who were unable to live openly may worry about establishing a timeline for their relationship for the visa application process. Others were married in another country before same-sex weddings were legal in the U.S. and wonder whether they can apply for U.S. visas in the United States without getting married again. An attorney can help these concerns and can provide a source of legal support.

If you’re in Texas and need a visa attorney for a same sex couple, contact Morales & Sparks. We’re strong supporters of applicants seeking a new life in the United States and understand the unique challenges same-sex spouses face. Contact us to speak to one of our attorneys about your visa application.

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