Can you sponsor a same-sex spouse for an immigrant visa in Texas?

| Mar 8, 2021 | Family Immigration

The U.S. Supreme Court ruled that same-sex couples have the right to marry via the Due Process Clause and the Equal Protection Clause. This applies in all 50 states and to immigrants. You can sponsor a same-sex spouse for an immigrant visa in Texas because you and your spouse have the same rights as heterosexual couples.

Income requirement

You need to meet an income requirement in order to sponsor a spouse. This varies based on the number of people you are supporting and which state you live in. In a household of two in Texas, including you and your spouse, you must earn at least $21,550 a year. If you have a child, you would have a household of three, so you would need to earn $27,150 a year to sponsor your spouse.

If you’re serving in the military, your income requirement is slightly lower. Military sponsors only need to earn a minimum of $17,240 for a household of two and $21,720 for a household of three. If your household is larger than three, whether you’re a military sponsor or not, you need to check that income requirement.

Form I-130 and Form I-129F

You need to fill out form I-130 Petition for Alien Relative to request permission to sponsor your immigrant spouse. If you two aren’t married yet, then fill out Form I-129F, Petition for Alien Fiancé. Family immigration law has a lot of legislation, so it’s helpful to consult with an immigration lawyer to ensure that you understand everything. You can also speak with a family immigration lawyer if you think you have faced discrimination while attempting to sponsor your same-sex spouse.

The federal ruling of the U.S. Supreme Court guarantees equal rights for same-sex couples. Officials and workers shouldn’t treat you differently or unfairly for your sexuality. As long as you meet the requirements for sponsoring a spouse in the United States, then you should be able to do so.