Can Your Foreign Spouse Claim Citizenship? Our Miami Gay Marriage and Citizenship Attorney Explains

Miami gay marriage and citizenship

If you marry your partner overseas, do you know how your new spouse can become a citizen of the United States? Our lawyers answer your questions about gay marriage and citizenship.

In today’s world of technology and ease of travel, we are forming more relationships with people around the world. When one of those relationships turns to marriage, and your new spouse is not from the United States, you likely have questions about how they can become a U.S. citizen. 

Our experienced team at Casais & Prias handles cases involving gay marriage and citizenship regularly. Here are the top questions they have been asked:

How Can My Foreign Spouse Enter The U.S.?

If your same-sex spouse is not a U.S. citizen, you can petition for them to come reside in the United States with you, so long as your marriage is legally valid. If your spouse is outside the United States, you will need to file a petition with the United States and Immigration Service (USCIS). Once approved, the file is then transferred to the National Visa Center (NVC) for processing and then your spouse is scheduled for an interview at the US Consulate in your spouse’s home country.

What Type Of Visa Should We Apply For As A Same-Sex Married Couple?

When a U.S. citizen marries a non-citizen, the foreign spouse must have a K-3 visa in order to enter the U.S. This type of visa is obtained in the foreign spouse’s country of citizenship in order to shorten the time it takes for them to join their citizen spouse in the U.S. The K-3 visa allows them to enter the U.S. while they wait on their immigrant visa petition.

Once their immigrant visa petition is approved, the foreign spouse can apply to adjust their status to a permanent resident status with the Department of Homeland Security (DHS) and the USCIS.

What Is The Process For Filing A K-3 Visa Application?Miami gay marriage and citizenship

Step 1: File the proper petitions

You, as the U.S. citizen, must file the Petition for Alien Relative form with the DHS and the USCIS, who will then inform you when your petition has been received. Once approved, your petition will be sent to the National Visa Center for processing.

Step 2: Apply for the visa

As part of your application, you will be required to have an interview. The foreign spouse will need to bring the following documents:

  • Completed Online Nonimmigrant Visa Application
  • Valid passport
  • Birth certificate
  • Marriage certificate
  • Medical documents
  • And other documents

As you can see, the process of citizenship can be lengthy, which is why you should get the help of an experienced legal team to guide you. At Casais & Prias, our founding partner is skilled in areas of LGBTQ+ marriage and immigration. We can answer any questions you have about gay marriage and citizenship because we have been helping couples and families through this process for many years.

Did you know that same-sex couples can apply for a variety of immigration benefits based on their marriage to a U.S. citizen? You may not realize all the ways an attorney can help you. Working with a legal representative who is familiar with gay marriage and citizenship will go a long way in getting your spouse established as a U.S. citizen. Once you are through the legal process of citizenship, you and your spouse can relax and enjoy your life together.

When you have questions about gay marriage and citizenship, contact the team at Casias & Prias. We look forward to helping guide you through this legal process. Contact us today to schedule your free case evaluation.

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