Update on Sponsoring Same-Sex Partners

Thứ Tư, 14 Tháng Tám 201300:00(Xem: 20396)
Update on Sponsoring Same-Sex Partners

We have received several more inquires about sponsoring partners in same-sex relationships, and both the Department of State of CIS have provided updated information about these cases. For the first time, both the DOS and the CIS announcements included mention of sponsoring same-sex fiancée cases, as well as marriage cases.

Sixteen countries now have nationwide freedom to marry for same-sex couples, including Canada, several European countries, South Africa and Brazil. New Zealand and England will start allowing same-sex marriage next year. In the United States, same-sex marriages are permitted only in some states, but for immigration purposes, an alien same-sex spouse can be sponsored no matter where the marriage took place. If your marriage is valid in a U.S. state or foreign country where it took place, it is valid for immigration purposes.

In Canada, the Civil Marriage Act permitting same-sex marriages became law in 2005. Marriage laws in Canada do not have residency requirements, so same-sex couples who travel to Canada may get married there.

In Asia, same-sex marriage is still being discussed and there are no countries that allow it. If you want to file a marriage petition for your same-sex partner who lives in Vietnam, one option would be for your partner to come to the U.S. as a tourist, marry, and then return to Vietnam and go through consular processing there. Consular processing would probably be much less frustrating that dealing with CIS in the US in this type of case.

If you are a US citizen who is engaged to a same-sex partner in Vietnam, you may file a Form I-129F to apply for a fiancée visa. As long as all other immigration requirements are met, a same-sex engagement may allow your fiancé to enter the United States for the purpose of marriage.

What can you do if you are a US citizen and your Vietnamese same-sex partner is in the US legally as a tourist, student or temporary worker? You can marry and file the I-130 visa petition along with an application for Green Card.

If your Vietnamese same-sex spouse entered the US legally but overstayed his or her visa, you can still file for a green card from inside the U.S.

If your Vietnamese same-sex spouse entered the US without inspection, he or she would have to return to Vietnam to apply for a green card through consular processing. To avoid a 3 to 10 year re-entry bar, you may be able to file for a provisional waiver while you are in the US and wait here for the waiver to be approved before you leave the U.S. to use consular processing.

Same-sex petitions are a new area for immigration law but according to CIS and DOS officials, these petitions will be treated equally with the usual heterosexual visa cases. That means the usual forms will be required, along with the usual evidence of a genuine, committed relationship.

It must also be said that CIS and Consular officials are ordinary people and some of them may still hesitate to accept the idea of same-sex relationships. This will mean that some petitions will be subject to intensive scrutiny.

------------------------------------------------------------------------------------------------------------------------------------------------------
Q.1. My same-sex spouse has children. Can they also be included with my spouse's case?
A.1. Yes, the children of foreign national spouses can be considered "step-children" of the U.S. citizens and can benefit from a petition filed on their behalf in the IR2 category. You and your spouse must have married before the child turned 18.

---------------------------------------------------------------------------------------------------------------------------------------------------------
Q.2. In the US, can priests or monks refuse to perform marriages for same-sex couples?
A.2. Yes. Religious institutions and clergy members can decline to perform same-sex marriages. In such cases, the couple would have to be married in a civil ceremony at city hall or by a civil servant such as a judge or authorized deputy.

----------------------------------------------------------------------------------------------------------------------------------------------------------
Q.3. In California, can a private business, such as a florist, photographer, or event space refuse to provide space or a service for a same-sex wedding?
A.3. No. California law does not permit business establishments to discriminate on the basis of sexual orientation.
Thứ Tư, 12 Tháng Mười Một 2014(Xem: 16057)
The rule of consular non-reviewability began more than a hundred years ago in order to limit or prevent Chinese immigrants from entering the United States.
Thứ Năm, 06 Tháng Mười Một 2014(Xem: 14893)
Six years ago, the Adoption Agreement between the US and Vietnam was terminated because of some “irregularities” in Vietnam, including accusations of baby-selling. In September this year, the Agreement was re-instated, but with major changes.
Thứ Tư, 29 Tháng Mười 2014(Xem: 14524)
Some sponsors tell their relatives that it might be better for them to remain in Vietnam because of the hardships that immigrants face after arrival in the US.
Thứ Tư, 22 Tháng Mười 2014(Xem: 13523)
Recently, we’ve been talking about the differences in culture between the younger immigrant and their sponsors, and how this can sometimes create misunderstanding.
Thứ Tư, 15 Tháng Mười 2014(Xem: 12715)
The key to avoiding conflict between sponsors and new immigrants is for each group to understand what has happened in the lives of the other group. But this is easier said than done.
Thứ Tư, 08 Tháng Mười 2014(Xem: 12554)
If you sign an I-864 Affidavit of Support, does “Bao Lanh” mean the same as “Lanh No”? The answer is ”No”.
Thứ Tư, 01 Tháng Mười 2014(Xem: 13090)
It is easy for older members of our audience to recall the events after 30 April 1975, but for our younger listeners, we provide this summary.
Thứ Tư, 24 Tháng Chín 2014(Xem: 13451)
Vietnam’s Central Adoption Authority, the Ministry of Justice, announced that it has authorized two U.S. adoption service providers to facilitate intercountry adoptions in Vietnam.
Thứ Tư, 10 Tháng Chín 2014(Xem: 16290)
The answer to this depends on how much the person is willing to invest, and whether or not he wants to be actively involved in the business and control the financial aspect of the business.
Thứ Ba, 02 Tháng Chín 2014(Xem: 17975)
There is no physical line of waiting immigrants, and really no virtual line in the process either.