Immigration Law

Same-sex Marriage Guaranty

What is same-sex marriage?

Same-sex marriage is marriage between two people of the same biological sex. 

How can I sponsor same-sex marriage?

To sponsor same-sex marriage, you can choose one of two ways:

  1. Application for spousal sponsorship (CR1/IR1): This category is only available to couples who have registered their marriage and the marriage is recognized as legal by law. To do this, both partners must jointly register their marriage in the U.S. or other countries/territories that allow same-sex marriage. After marriage, it is possible to apply for the same petition as a normal spouse petition under U.S. immigration law.
  1. Applying for marriage or fiancé (K1): this category does not require marriage registration and must have the following conditions to be able to sponsor a same-sex fiancé:

– The sponsor must be a U.S. citizen

– The petitioner and the petitioner are both single

– The petitioner and the petitioner have met face-to-face within 2 years of filing the petition

Must commit to registering a marriage within 90 days after arriving in the U.S.

– If accompanied by stepchild sponsorship, at the time of entry to the US, stepchildren must be under 21 years old and single.

There must be evidence that the love relationship is real

Is it difficult to sponsor same-sex marriages?

Same-sex marriage sponsorship is considered the same as normal spousal sponsorship. The difficulty of obtaining a visa usually falls into some cases where the sponsor or the sponsored person has been married and has children with the opposite sex, then divorced and filed for same-sex sponsorship, so the consul will doubt their true gender.

Is the time for reviewing documents and preparing for interviews different from those of the opposite sex?

In terms of the procedure and the time to consider same-sex marriage petitions, there is no difference from heterosexual applications.

Which countries and territories recognize and allow same-sex marriage registration?

In addition to the US, other countries and territories such as: Netherlands, Belgium, Canada, Spain, South Africa, Norway, Sweden, Argentina, Portugal, Iceland, Denmark, Uruguay, Brazil, New Zealand, England and Wales, France, Luxembourg, Scotland, Ireland, Finland, Greenland, Colombia, Malta, Australia, Germany, Austria, Taiwan, Ecuador, Northern Ireland,  Costa Rica… has also acknowledged same-sex marriage.

What to do to prepare for a same-sex marriage visa interview at the U.S. Consulate?

Confident, clear, coherent interviews with compelling evidence are the basis for the Consul to evaluate your resume.

The evidence includes:

  1. Boarding pass, visa stamps with full date
  2. Photos taken together (private, with family, friends…) should have as many dates as possible
  3. Photos of engagement, traveling together
  4. Messages/calls
  5. Postcards, gifts, letters, money transfers
  6. Report a love relationship
  7. Affidavits of acquaintance witnesses (signed by relatives and acquaintances) confirmed by competent authorities
  8. Confirmation of temporary residence of the sponsor (during visits to fiancés/ fiancés in Vietnam)
  9. Hotel and travel bills when going out together
  10. Invoices, engagement invitations
  11. Assets in the common name of the guarantor and fiancé/ fiancé such as: will, house, land, insurance, bank passbook with the name of inheritance or common name…

I used to be married to the opposite sex and have children of my own, now that I have a gay lover, can my partner sponsor my own child to the US?

Yes, your partner can sponsor your stepchildren to travel to the U.S. provided that at the time of entry into the U.S., your stepchildren must not be more than 21 years old.

After the interview with the Consulate, what are the possible circumstances?

There may be the following cases:

  1. The consul believes in the relationship as a real marriage, agrees to issue a visa.
  2. The consul suspects the relationship, gives a green paper asking for a report and adds more convincing evidence about the relationship.
  3. The consul retains additional documents and makes an appointment to work later, which means that the consular officer will conduct an investigation and confirm the relationship based on the additional reports and evidence you provide.
  4. Consular denial of application – if the consul does not believe in the relationship at the time of the interview, the consul has the right to reject the application (without additional requirements or investigation) and inform the applicant that the application will be returned to USCIS.

What should I do if my same-sex fiancé petition is returned to USCIS?

You can only:

  1. Resubmission of K1 petition (only filed after 2 years from the time the old application is approved by CIS and each sponsor is only entitled to K1 bail up to 2 times in his lifetime) or
  2. Register a marriage in a country that accepts same-sex marriage and then apply for marriage petition (CR1/ IR1)

I am a permanent resident, can I sponsor a same-sex fiancé?

Only U.S. citizens can sponsor same-sex fiancés. Permanent residents cannot sponsor fiancés.

After being granted a visa, my same-sex fiancé came to the U.S., what should I do to make my fiancé in the U.S. legal?

After your gay fiancé comes to the U.S. Within 90 days two people must register their marriage with each other and then apply for a change of residence status to the Immigration Department (green card application).



Hotline for free consultation please call:

US Office: (+1) 713 561-5595

Vietnam Office: (+84) 988 792-023

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