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Obtaining Permanent Residency for A Foreign Spouse

Under What Circumstance, Will A Foreign Spouse’s Permanent Resident Status In The U.S. Be Conditional?
When OPR status is given to a foreign spouse and it is done through a marriage petition, or the marriage happens less than 2 years before the person was given permanent resident status, the date that they are given permanent resident status, they will be given conditions on their permanent resident status.

Can A US Citizen Or Lawful Permanent Resident In The Same Sex Marriage To A Foreign National Sponsor Themselves For A Family Based Immigration Visa?
Yes, same sex marriages can also receive the same benefits as any other marriages. After the Supreme Court found DOMA (Defense of Marriage Act) to be unconstitutional, all federal organizations were basically directed to follow and provide the same benefits for same sex marriages as they would provide for any other marriages. Since July of 2013, the Federal Government was also directed to allow for same sex family visa petitions. This means that gay and lesbian citizens can now file fiance and marriage petitions for same sex partners from other countries. As with any other immigration petition, establishing that the relationship is a bona fide relationship is essential. So the parties should save emails to and from each other and when they visit one another, take pictures together, which documents the existence of the relationship.

Can A U.S. Citizen Who is Just Engaged To Be Married To A Foreign National Of The Same Sex File A Fiancé Petition For Him or Her?
Yes. A same sex couples can also file a fiancé petition through a K1 visa. The petition of fiancé would go through the same procedures as any other couple would. The steps would be putting in the fiancé petition and when approved, go through the process in the foreign fiancé’s country. After that, they do the necessary background checks and everything for the foreign fiancé to receive a K1 visa to come in the country and then to be married to the U.S. citizen.

If A Couple Gets Married In The U.S. State Or A Foreign Country That Recognizes Same Sex Marriage, Or They Live In A State That Does Not, Can They File An Immigrant Visa Petition For Their Spouse?
Yes. Immigration does follow federal law and because same sex marriage is allowed under federal law, immigration would allow you to file an immigrant visa petition. Now that same sex marriages are Federally protected in every state, same sex partners can sponsor their spouses.

What Is The Best Type Of Visa For Same Sex Immigrant Partners?
That also depends on the specific couple. If the couple is living in a country where they do allow same sex marriages, and if the couple doesn’t mind getting married in a foreign country, then the quickest and probably most affordable way is to get married there. After that, they can bring the foreign spouse as a permanent resident already by doing consular processing over there.

If, however, the foreign country does not allow same sex marriages, or the couple either wants to get married in the U.S. and have time to prepare for their marriage and live in the U.S. to see if the foreign partner feels comfortable with it, then a K1 fiance visa would be the best option. With a K1 visa, they get the fiancé here relatively quickly; give them three months to prepare for anything they need for the marriage. If they are still on the same page, then they can go and move forward with the adjustment process. But there is a second step, because they have to get married and file a petition to adjust their status to a permanent resident, within a certain time limit.

If you need help in Obtaining Permanent Residency for a Foreign Spouse, call the White Plains Visa Lawyers at the law offices of Michael Joseph for a free initial consultation at 914-574-8330 and get the information and legal answers you’re seeking.

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