Same-Sex Marriage Petitions

SAME-SEX MARRIAGE PETITIONS AND ADJUSTMENT OF STATUS TO PERMANENT RESIDENT

ELIGIBILITY

You may be eligible to file a marriage-based petition if you meet the following requirements:

(1) Legally married to a United States Citizen (“USC”) or legally married to a Lawful Permanent Resident (“LPR”) of Cuban Nationality.

    a. A marriage must be legally valid in the jurisdiction in which it took place (parties of marriageable age, ceremony performed by an authorized official, etc.) and factually genuine, meaning that at the inception of the marriage the parties intended to establish a life together. Presently, same-sex marriages are legal in legal in five states—Massachusetts, Connecticut, Vermont, New Hampshire, and Iowa— plus Washington D.C., as well as in ten countries on four continents.

(2) Entered the United States in Lawful Status.
(3) No Disqualifying Criminal Convictions.
(4) No History of Immigration Fraud.

Spouses of U.S. Citizens fall into the Immediate Relative category. For immediate relatives of U.S. citizens, visas are always available because they do not have a numerical limit. This means that your family member does not need to wait in line for a visa and is immediately eligible to file a residency application in conjunction with the I-130 marriage petition.

As Immediate Relatives, the foreign national spouse may apply for a work authorization card as well as a travel document (if eligible) at the time the marriage petition and residency application are filed. This means that while the applications remain pending with the immigration service, the foreign national spouse will be able to work in U.S. legally and travel abroad.

HOW TO APPLY

If you and/or your relative need assistance becoming a green card holder, please contact our office at 305-539-7263.

Please be prepared to provide our office with the following items in support of your case:

From the Petitioner (USC or LPR):

(1) Evidence to establish that the Petitioner is a USC or LPR, i.e. birth certificate, U.S. passport, naturalization certificate;
(2) Evidence to establish the relationship between the petitioner and the beneficiary, i.e. Marriage Certificate
(3) 2 passport-style photos;
(4) Divorce decree, if previously married.
(5) Letter from employer confirming employment and salary; and
(6) Most recent US income tax returns and W-2 forms.

From the Beneficiary (Foreign National):

(1) 6 passport-style photos;
(2) Sealed medical examination results;
(3) Copy of biographical page from passport;
(4) Form I-94 and visa or other proof of legal entry;
(5) Evidence of maintenance of status, if applicable;
(6) Birth certificate;
(7) Marriage certificate;
(8) Divorce decree, if any.

SAMPLE BONA FIDES OF THE MARRIAGE:

(1) 6Driver’s licenses (same address);
(2) Photographs of wedding, vacations, family events, etc.;
(3) Proof of joint credit card accounts (statements or cards);
(4) Proof of joint bank accounts (statements where both names appear);
(5) Residence lease agreement or house deed in both names;
(6) Utility bills in both names;
(7) Insurance policies where spouse is beneficiary;
(8) Car and Health Insurance policies;
(9) Vehicle Titles in both names;
(10) Stock certificates, mutual funds, other financial accounts (where both names appear);
(11) Other like proof of engagement ring or other gift purchases;
(12) Proof of mail received at same address.