Preparing for the Same Sex Marriage Visa

same sex marriage visaCurrently, as of this writing, the immigration agency does not recognize same-sex marriages as eligible for the marriage visa leading to permanent resident. However, many believe that the immigration agency will begin to accept same-sex marriage visa applications in the near future.  My personal guess is that the change will occur within the next six months to 1 year.

If you wish to be notified when the law changes, please send your name and email address to the firm through its contact form.

Preparing Now

As couples wait for the possible change, there are steps that should be taken now – as it will help couples when the time comes to apply.

Evidence of Good Faith Relationship for Same-Sex Couples

Perhaps the most difficult part of the same-sex marriage visa process will be showing that a couple has a good faith marriage.  With heterosexual couples, the USCIS is already paranoid that couples are getting married for fraudulent immigration reasons.  With the inclusion of same-sex marriages, it is widely suspected that additional scrutiny and suspicion will be placed on couples.

To counter and overcome this concern, homosexual couples will need to retain and present the same type of evidence that is required of heterosexual couples.   This evidence includes:

  • Evidence of the couple’s commingling of financial assets and liabilities.   For example, joint bank accounts, joint credit cards, joint utility bills, joint health care, retirement funds, etc.
  • Evidence of the couple’s cohabitation.  For example, evidence of the couple living together through lease agreements or home ownership, and other evidence of a shared home.
  • Evidence of the couple’s relationship, including photos of the couple (along with other family members), travel together, and typical life together.

The above is just a suggested list, other evidence is certainly possible, and useful.  In fact, the more evidence, the better.

Don’t Disqualify Yourself

As couples wait to be able to apply, they must make sure as to not do anything that will disqualify them.  For example, couple’s should continue to maintain proper  immigration status, should continue to pay their taxes and act like individuals with good moral character.  Additionally, couples should ensure they are not arrested, and, most importantly, the couple should make sure as to not make any misrepresentations to the government.

In the future, when homosexual couples are able to apply for the marriage visa, the couple will probably be required to complete the same steps as heterosexual couples e.  With the proper preparation now, those steps will be much easier.

Conclusion

When the time does come, please contact this New York City Immigration Visa Lawyer for assistance with Same-Sex Marriage Visas.

Comments are closed.