Spousal Visa

Spousal-Visa-LGBT_opt

U.S. Immigrant Spousal Visas | Gay and Lesbian-Friendly Law Firm in Manila

A U.S. Spousal Visa is granted to the foreign national spouse of an American citizen or Lawful Permanent Resident when the couple intends to permanently reside in the United States.

Recent federal law, which overturned a portion of the Defense of Marriage Act (DOMA), granted identical rights to same-sex and opposite-sex couples who apply for federal immigration benefits, including marriage visas. Similar immigration privileges also apply to the same-sex couple’s minor children, such that now, entire LGBT families can avail of immigration benefits, become green card holders, and eventually U.S. citizens.

Immigrant Visa for Same-Sex Married Couples – IR1 or CR1

There are two types of petitions when a U.S. citizen wants to bring his or her foreign spouse to live in the United States of America – the Immediate Relative (IR1) and Conditional Residency (CR1).

An Immediate Relative (IR1) petition is applicable to same-sex couples married for over two years at the time the petition is filed.

A Conditional Residency (CR1) petition is applicable to same-sex couples married for less than two years at the time the petition is filed. Today, most spousal visa petitions filed for gay and lesbian couples are CR1 petitions because same-sex marriage is only recently becoming possible under law.

Nonimmigrant Visa for Same-Sex Married Couples

A Nonimmigrant Visa can be issued to the foreign spouse of a U.S. citizen as well. This type of petition is filed in the country where the marriage is celebrated and can eventually be processed for conversion to an Immigrant Visa, after the foreign national spouse has traveled to the United States.