If you’re like many same-sex couples across the globe, you’re wondering where the immigrate to the U.S. under family immigration laws. Because the United States now recognizes same-sex marriages as legal unions, you are entitled to the same privileges as other couples are.
According to the U.S. Department of State’s Bureau of Consular Affairs, “Same-sex spouses of U.S. citizens and lawful permanent residents, along with their minor children, are now eligible for the same immigration benefits as opposite sex spouses. Consular officers at U.S. embassies and consulates will adjudicate their immigrant visa applications upon receipt of an approved I-130 or I-140 petition from USCIS.”
Typically, the process goes as follows:
- The USCIS must approve an immigrant visa petition filed by your sponsoring relative
- Your sponsor will need to demonstrate adequate income or assets to support you and your minor children
- Your sponsor will need to accept legal responsibility for financially supporting you by completing in signing an Affidavit of Support
- You then apply for the immigrant visa
You’ll be required to supply documentation that supports your petition, including a passport that is valid for 60 days beyond the expiration date printed on the immigrant visa and a number of forms from the USCIS.
When your file is complete, you will appear for a visa interview at the U.S. embassy or consulate nearest your home. Both you and your Wisconsin immigration lawyer will receive appointment emails or letters containing the date and time of your interview, as well as instructions and guidance for obtaining a medical examination. You’ll be asked to bring a passport to the interview, as well as other documentation that you have not already provided.