1. Are same-sex couples eligible for a spousal visa?

Yes, same-sex couples are eligible for a spousal visa in the United States if one of them is a U.S. citizen or lawful permanent resident.

2. How can same-sex couples prove a valid marriage for visa purposes?

The best way for same-sex couples to prove a valid marriage for visa purposes is to provide legal documents, such as a marriage certificate or civil union/domestic partnership certificate, that states the couple is legally married. Additionally, couples should provide evidence of their relationship, such as joint leases/mortgages, joint banking documents and other documents that show their shared life together.

3. How can same-sex couples use the Diversity Visa Lottery to obtain permanent residency in the United States?

Same-sex couples are eligible to apply for the Diversity Visa Lottery if they meet the requirements set forth by the United States Department of State. To be eligible for the Diversity Visa Lottery, both members of the same-sex couple must be natives of an eligible country and meet the other requirements set forth by the Department of State. In order to successfully apply, both members of the same-sex couple must submit separate entries into the lottery. If either member of the couple is successful in winning the lottery, both members can obtain permanent residency in the United States.

4. Is there a specific visa category available to same-sex couples?

The US Department of State does not have any specific visa categories available to same-sex couples. However, same-sex couples may apply for US immigration benefits in the same manner as opposite-sex couples. For example, US citizens may sponsor their partners for family-based immigrant visas, and foreign nationals in a same-sex relationship may be eligible for certain nonimmigrant visas. Furthermore, some states recognize same-sex marriages, which may make immigration benefits easier to obtain.

5. What documents are required for same-sex couples to obtain a marriage-based green card?

The documents required for same-sex couples to obtain a marriage-based green card are the same as those required for opposite-sex couples. These documents include the application forms (Form I-130, Form I-129F, and Form I-485), proof of a valid marriage, proof of U.S. citizenship or lawful permanent residence for the sponsor, proof of the relationship between the two spouses, and evidence of financial support. Additionally, same-sex couples must also provide proof of any name changes (e.g., marriage certificate, divorce decree, or court order) and evidence of termination of any prior marriages (e.g., death certificate or divorce decree).

6. Are there any special considerations for same-sex couples applying for visas or green cards?

Yes, same-sex couples are now eligible to apply for a variety of different visas and green cards. Couples must demonstrate their relationship with evidence such as joint bank accounts, shared leases, and joint tax returns. Same-sex couples are also eligible to apply for a K-1 visa, also known as the “fiancé visa”. This allows the foreign partner to enter the United States in order to get married within 90 days of arriving. Same-sex couples are also eligible to apply for the marriage-based green card, which is available to spouses of U.S. citizens or green card holders.

7. What is the process for obtaining a fiancé(e) visa for a same-sex partner?

The process for obtaining a fiancé(e) visa for a same-sex partner is largely the same as for an opposite-sex partner. The U.S. citizen sponsor must file a petition on Form I-129F and submit evidence to demonstrate that the couple has a legitimate and bona fide relationship. The petitioner must also provide evidence of U.S. citizenship or lawful permanent resident status, and demonstrate that they are able to support their partner at 125% above the poverty line. The foreign partner must then be interviewed by a consular officer at the U.S. embassy or consulate in their home country in order to obtain the visa.

8. Is it possible for one partner in a same-sex relationship to sponsor the other partner for a green card?

Yes, it is possible for one partner in a same-sex relationship to sponsor the other partner for a green card. However, this is only possible if the sponsoring partner is a U.S. citizen or U.S. lawful permanent resident (LPR). If the sponsoring partner is not a U.S. citizen or LPR, then the sponsored partner may not be eligible to apply for a green card.

9. Is there any special paperwork or documentation required for same-sex partners applying for adjustment of status in the United States?

Yes, same-sex partners applying for adjustment of status in the United States will need to provide additional documentation to prove their relationship. This includes evidence of joint ownership of property, shared mortgages or leases, joint bank accounts, letters from family members and friends affirming their relationship, travel documents showing joint trips, and other evidence showing a shared life.

10. Are there any differences in the eligibility criteria for same-sex couples applying for employment-based visas?

Yes, there are differences in the eligibility criteria for same-sex couples applying for employment-based visas. Same-sex couples must prove that they have a valid, long-term relationship in order to qualify for the visa. In addition, they must meet the same financial and educational requirements as heterosexual couples.

11. How long does it take to process a visa application for a same-sex couple?

The processing time for a visa application for a same-sex couple is the same as any other visa application. Processing times vary depending on the type of visa being requested and the country it is being requested from. Generally, it can take anywhere from two weeks up to several months.

12. How does the U.S. Citizenship and Immigration Services (USCIS) define same-sex marriage for immigration purposes?

The U.S. Citizenship and Immigration Services (USCIS) defines same-sex marriage for immigration purposes as a legal union between two persons of the same gender that is recognized by a state or foreign jurisdiction. The couple must be legally married in a jurisdiction that recognizes same-sex marriage, and the marriage must be valid in the place where it was entered into and also be recognized by the jurisdiction in which the couple resides.

13. Are same-sex partners eligible for tourist visas?

Yes, same-sex partners are eligible for tourist visas. However, each partner must independently meet the visa requirements for the destination country. Additionally, same-sex partners may need to provide evidence of their relationship in order to secure the tourist visa.

14. What is the difference between a K1 and K3 visa for same sex couples?

A K1 visa is for fiance(e)s of US citizens, and a K3 visa is for spouses of US citizens. Same-sex couples are eligible for both visas, but the K3 visa requires a legally valid marriage while the K1 visa does not.

15. Can same-sex couples apply for asylum in the United States?

Yes. Same-sex couples can apply for asylum in the United States based on persecution they have experienced due to their sexual orientation in their home country.

16. Does U.S. law recognize marriages between two people of the same gender that took place outside of the country?

Yes, the U.S. Supreme Court held in 2015 that same-sex couples have the right to marry under the Fourteenth Amendment of the U.S. Constitution and that the right must extend to same-sex couples regardless of whether they were married inside or outside of the United States. This means that if a same-sex couple is legally married in a foreign country, their marriage must be legally recognized in the United States as well.

17. Is it possible to extend a visa upon marriage if you are part of a same sex couple?

Yes, it is possible to extend a visa upon marriage if you are part of a same-sex couple. In the U.S., same-sex couples have the same rights and protections as opposite-sex couples when it comes to immigration matters. Same-sex marriage is recognized by the U.S. government and therefore, same-sex couples may be eligible to apply for a family-based visa or green card through marriage.

18. What rights do U.S. citizens have when sponsoring their foreign spouse on an immigrant visa petition, if they are part of a same sex couple?

The US Supreme Court ruled on June 26, 2015 that the right to marry is a fundamental right guaranteed to same-sex couples by the US Constitution. This decision allows U.S. citizens in a same-sex marriage to sponsor their foreign spouse for an immigrant visa petition. The US citizen must prove the bona fides of the marriage to the satisfaction of the US Citizenship and Immigration Services (USCIS).

19. Are there any restrictions on adoption by same sex couples who also hold visas or permanent resident cards in the U.S.?

Yes, in some states, same-sex couples who are not currently married may not be eligible to adopt a child. There may also be restrictions in place for same-sex couples who are married, but do not have U.S. citizenship or permanent resident status.

20. What are the financial requirements to qualify for a family based immigrant visa if you are part of a same sex couple?

The financial requirements to qualify for a family-based immigrant visa for same sex couples are the same as those for heterosexual couples. The sponsoring partner must demonstrate that their income is at least 125% of the Federal Poverty Guidelines, and they must also provide an Affidavit of Support (Form I-864) to demonstrate that they will be able to financially support the sponsored partner.