The USCIS has announced that I-130 visa petitions filed by same-sex spouses will be adjudicated “in the same manner” as opposite-sex marriage petitions. Even if the couple resides in a state where same-sex marriage is not recognized, the immigration service will respect the law of the state in which the marriage was contracted. In other words, if the marriage was valid in a same-sex marriage state, the petition will be honored even if the state where the couple live do not recognize the marriage. In effect, U.S. Immigration Law by judicial decision seeks to keep families together without regard to sexual orientation.
Sean Lewis is an immigration attorney who handles all immigration matters and may be contacted at 866-892-9264.
The Law of The Land, following the overturning of DOMA by the U.S. Supreme Court permits U.S. Citizens to file for their same-sex spouse.
USCIS is now accepting I-130 petitions in “the same manner” as those filed by opposite-sex spouses. Applicants who reside in states where same-sex-marriages are not recognized may still file for immigration benefits. The USCIS will recognize the marital relationship only if the marriage ceremony and status of the marriage was valid where the marriage was performed.
Based upon the U.S. Supreme Court’s ruling, we fully expect the immigration service to issue fiance visas and to implement full and fair regulations in recognition of the Court’s ruling.
It is highly-advisable to consult with an immigration attorney before deciding whether or not to file.
This office does not discriminate against persons of any race, sexual persuasion, religion, or on the basis of national origin.
Contact us at 615-646-6002 to review your immigration case!