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inside immigration information about marriage green cards and work visas in America

MARRIED SAME SEX SPOUSES AND CHILDREN GET “DERIVATIVE” AMERICAN VISAS

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Schwule Väter und ihre ÄngsteU.S. Non-Immigrant Visas for Same-Sex Spouses + Children of Visa Holders

U.S. embassies and consulates will process visa applications that are based on a same-sex marriage in the same way that they adjudicate applications for opposite gender spouses.

This means that the same sex spouse of a visa applicant coming to the U.S. for any purpose – including work, study, international exchange or as a legal immigrant – will be eligible for a “derivative” visa. Likewise, stepchildren acquired through same sex marriages can also qualify for derivative visa status.

Do we have to live or intend to live in an American state in which same sex marriage is legal in order to qualify for a nonimmigrant visa?

No, if your marriage is valid in the jurisdiction (either a U.S. state or a foreign country) where it took place, it is valid for American immigration purposes.

A same-sex marriage is valid for immigration purposes even if the couple intends ultimately to reside in one of the 37 American states that do not recognize same-sex marriages. The same-sex marriage is valid even if the applicant is applying in a country in which same-sex marriage is illegal.

Are there non-immigrant visa classifications which will require approval of certain documentation before an interview can take place?

  • Same-sex spouses and stepchildren (F-2 and M-2) of student (F-1 and M-1) visa applicants will need to obtain an I-20A prior to application.
  • Spouses (J-2s) of exchange visitors (J-1) visa holders will need an approved DS-2019.
  • Same-sex spouses of victims of criminal activity (U-2s) and human trafficking victims (T-2s) will require completed Supplement A to Form I-918 or I-914, respectively, before an officer approves any derivative cases. This additional documentation is also required for opposite gender spouses.
danielle nelisse

Danielle Nelisse, Immigration Attorney

On June 26, 2013, the Supreme Court held Section 3 of the Defense of Marriage Act (DOMA) unconstitutional. That decision has many immigration-related implications for same sex couples.

The Visa Office (VO) deleted 9 FAM 40.1 N1.1 (a), which limited the word “marriage” for immigration purposes to mean “only a legal union between one man and one woman as husband and wife,” and the word “spouse” to mean only “a person of the opposite sex who is a husband or a wife.”

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What are the issues if my spouse entered the USA as a B-2 Tourist ?

Exactly what happens at a same sex marriage green card interview?

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This entry was posted on January 25, 2017 by in Derivative Visas, SAME SEX MARRIAGE and tagged , , .

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