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State Department FAQ on Same Sex Immigration Benefits

In June, the US Supreme Court determined that the Defense of Marriage Act (DOMA) was unconstitutional. Within days, the USCIS and several other federal agencies indicated that it would begin treating same sex married couples the same as heterosexual married couples. Although it was a bit longer in coming compared to the USCIS, the Department …

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DOMA Struck Down – Its Impact on Same-Sex Marriage Visa & Immigration Benefits

The U.S. Supreme Court today ruled that the Defense of Marriage Act (DOMA) is unconstitutional. In essence, the Court said that the Federal government could not treat legally married same-sex couples differently from other legally married couples. What Does This Mean For Immigration Purposes?

With this ruling, Gafner Law Firm is confident that the …

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Marriage Visa vs. Fiancee Visa

As an immigration lawyer who handles many marriage and fiancee visa applications, one of the most common questions that is asked of me is: should a couple apply for the fiancee visa or just get married and apply for the marriage visa?

For couples who do not care where or when they are married, this …

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How Many Photographs Are Included In An Adjustment of Status Application?

Do you know how many photographs should be included in an application to adjust status? Is it two? or four? six? Or none? What happens if you provide the incorrect number?

Often, immigration applicants, whether seeking family immigration or employment immigration, believe that a few dollars can be saved if they submit a petition without …

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Proxy Marriage for Immigration Purposes?

For a foreign national and a U.S. citizen thinking of getting married, a not too uncommon question is, “Can we have a proxy marriage?” And their follow up question, “Will immigration accept the proxy marriage?” This question is a bit more common following a New York Times article highlighting proxy marriages in the immigration context. …

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Is It Possible To Apply For Marriage Visa While Outside Of United States?

A common question that marriage visa applicants ask is: Can an American citizen petition for his or her foreign national spouse while living outside of the United States? Many couples living overseas assume that they cannot apply for the foreign national spouse’s permanent residency until the U.S. citizen spouse is living in the …

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How Much Does the Marriage Visa Process Cost? Part II: Outside the United States

A common question that potential clients routinely ask me is: How much does the marriage visa process cost?

Most potential clients I speak to know some of the costs – but not all. The following is meant to outline the costs involved when the foreign national spouse is outside of the United States. Part I …

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Spoiler Alert: House, MD Convicted of Immigration Marriage Fraud

The popular tv show, House, is in its last few episodes. I would love to tell you what happens in the last few episodes – but I do not know. No spoiler here.

Based upon the recent actions of Dr. House, this is my immigration-biased guess of how the series will end. [I may be …

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What Do I Need To Show Besides My Employment Authorization Card?

Many of my Marriage Visa and Fiancee Visa clients are all too excited when their employment authorization cards arrive in the mail. With it they can start working and contributing to their newly formed family’s bottom line. Unfortunately, many companies and human resource departments are not familiar with the employment authorization card, and many individuals …

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How Much Does The Marriage Visa Process Cost? Part I: Inside the United States

A common question that potential clients routinely ask me is this: How much does the marriage visa process cost.

It is a good question – and any competent marriage visa lawyer should be able to tell you the costs. However, I find that many potential clients do not realize that the government filing fees are …

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Consulate Visa Fees Change

Effective April 13, 2012, the visa fees required by the State Department will change. The new fees represent both an increase and decrease in certain fees. Of note, marriage visa fees will decrease from $330 to $230. Additionally, the K-1 fiancee visa fee will decrease from $350 to $240. Most nonimmigrant visa …

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Transsexual Immigration Case Decided

Recently the Board of Immigration Appeals (BIA) issued an unpublished report that examined the marriage visa’s availability for a postoperative transsexual individual who had married her husband after the operation. At issue before the court was the applicant’s inability to get her native country to change her birth certificate and passport to reflect her change …

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Are You Engaged to a U.S. Citizen? Frequently Asked Questions

Congratulations on your recent engagement. You probably have a lot of planning to do …and a lot of questions that need to be answered. If you are marrying a U.S. citizen, here are the answers to some common marriage visa questions. If your question is not answered below, get it answered by contacting a marriage …

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What Steps are In the Adjustment of Status Process?

Many foreign nationals who are married to U.S. citizens (and who are living in the United States) are eligible to adjust status and gain permanent residency in the United States. However, not too many of these individuals know the process for completing the process. They do not know the steps to the marriage visa and …

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Does Marrying a U.S. Citizen Automatically Give You Citizenship?

True or False?

Does a foreign national automatically gain citizenship by marrying a U.S. citizen?

FALSE. Many potential clients approach family immigration lawyers thinking that as soon as a couple gets married, all of the foreign national’s immigration problems will disappear. Unfortunately, this is not the truth. A foreign national who marries a U.S. citizen …

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