LGBT/Same-Sex Marriage Equality

We’re thrilled to announce that due to a 2013 Supreme Court decision that declared some parts of the Defense of Marriage Act unconstitutional, a change in the immigration eligibility status for legally married same-sex spouses is now a reality. This means that gay, lesbian, bisexual and transgendered individuals married in any state in which same sex marriage is legal are eligible for the same permanent residency, green cards, nonimmigrant status and fiancé visas to which opposite sex couples are entitled through the United States Citizenship and Immigration Service. This applies to all same-sex couples who are legally married within the United States regardless of whether their marriage is recognized by the state in which they actually live. The same benefits also apply to same-sex fiances of United States citizens living abroad.

Texas Same-Sex Marriages Lawyers Determined To Ease The Process Of Getting Your Visas In Order

The Immigration and Nationality Act dictates spousal eligibility for immigration, but, while the process is uncomplicated, there are many papers to file and mistakes may result in delays to status or extra costs.

At Trevino Immigration Law, our visa attorneys know the wait for a fiancée visa or for a change in residency status can be incredibly stressful, especially when you’re in the process of planning a wedding or building a new life together. We aim to keep the process simple, and keep you updated on your application status so the worry is on us.

Becoming A U.S. Permanent Resident By Marriage

As the spouse or fiancé of a U.S. citizen, your path to citizenship is dependent upon your current status in the country.

  • K-1 Visa: This fiancé/fiancée visa allows you to enter the country as a condition of your engagement if you are currently living outside the U.S. It can be transitioned into a green card once married.
  • Student/Work Visa: If you are already in the country on a nonimmigrant visa, such as a student or work visa, you may be eligible for a green card upon marriage to a U.S. citizen.
  • Visa Waiver: If you are from a country with which the U.S. has a visa waiver agreement, and are in the country for recreation or business, you may obtain eligibility for a green card upon marriage to a U.S. citizen.
  • Illegal entry: If you are in the U.S. illegally (without a valid visa or current residency status), you will likely be required to return to your home country for an appointment with the U.S. consul to obtain a waiver of inadmissibility before you will be granted a green card.

Contact Our Bexar County Law Firm To Obtain A Visa For Your Same Sex Spouse Or Fiancé

You can depend upon our experience at Trevino Immigration Law to help avoid mistakes in filing your applications for a visa or residency for your same sex partner. Please contact us to set up a consultation with our San Antonio, Texas, gay marriage lawyers. We can answer any questions you have regarding the process of obtaining legal status for your partner.