This guide is intended to provide information regarding same-sex marriage petitions.
A U.S. citizen or Permanent Resident has a right to file an I-130 visa petition to sponsor his or her foreign-born spouse. To get a green card based on a sex-same marriage, you must be legally married and you must be able to demonstrate that the marriage is based on a bona fide relationship.
K1 Fiance Visa
A U.S. citizen may petition for his or her foreign national finance and may file Form I-129F to initiate the process. A same-sex relationship is recognized for immigration purposes regardless of whether the state the petitioner resides does not recognize same-sex marriages as valid.
An I-601 or I-601A immigration waiver may be necessary for gay and lesbian foreign nationals with grounds of inadmissibility including criminal convictions, fraud, and unlawful presence. These waivers require a demonstration of extreme hardship to a qualifying U.S. citizen or permanent resident relative.
Gay and lesbian immigrants in removal proceedings may use adjustment of status to obtain a green card through a same-sex marriage as a defense to removal. Further, gay and lesbian immigrants may also seek relief in the form of Cancellation of Removal and use same-sex married partners as qualifying relatives or may include hardship to their spouses as discretionary factors.
Our Rating is calculated using information the lawyer has included on
their profile in addition to the information we collect from state
bar associations and other organizations that license legal
professionals. Attorneys who claim their profiles and provide Avvo
with more information tend to have a higher rating than those who do
What determines Avvo Rating?
Experience & background
Years licensed, work experience, education
Legal community recognition
Peer endorsements, associations, awards
Legal thought leadership
Publications, speaking engagements
This lawyer was disciplined by a state licensing authority in .
Disciplinary information may not be comprehensive, or updated. We recommend that you always check a lawyer's disciplinary status with their respective state bar association before hiring them.