Navigating LGBTQ Marriage-Based Visas and Adjustment of Status

Navigating LGBTQ Marriage-Based Visas and Adjustment of Status: Your Comprehensive Guide

Embarking on the path to secure a marriage-based visa and adjust your status in the United States is a significant journey, especially for LGBTQ couples. If you’re an LGBTQ individual looking to sponsor your same-sex spouse for a green card in the United States, this guide is for you. We will walk you through every step, from filing Form I-130 and Form I-485 to gathering key evidence. Additionally, we’ll offer LGBTQ-specific tips to ensure your journey is smooth and successful.

Understanding LGBTQ Marriage-Based Visas

Under U.S. law, same-sex marriages have been fully recognized for immigration purposes since the 2015 Supreme Court ruling in Obergefell v. Hodges. Now, LGBTQ couples enjoy the same rights and opportunities as heterosexual couples. Whether you’re pursuing Consular Processing or the Adjustment of Status, the marriage-based green card option is open to all.

The Adjustment of Status Process

Adjustment of Status offers individuals already in the United States the opportunity to secure lawful permanent residence (a green card). This pathway allows you to transition from a nonimmigrant visa status to a green card holder without leaving the U.S., granting you the right to live and work here indefinitely.

Step-by-Step Guide to Adjustment of Status for LGBTQ Marriage-Based Visas

Step 1: Ensure Legal Marriage

The marriage must be legally recognized in the jurisdiction (country/state/locality) where it took place.

Step 2: Gather Compelling Evidence

Collect thorough evidence to prove the authenticity of your marriage. This should include heartfelt letters, joint financial documents, shared lease agreements, and photographs that capture your genuine relationship. Such evidence vividly showcases the love and commitment you share as an LGBTQ couple, reinforcing the credibility of your marriage-based visa application.

Step 3: File Form I-130 along with Evidence

File Form I-130, Petition for Alien Relative, on behalf of your spouse. This establishes the familial relationship, a requirement for the marriage green card journey.

Step 4: File Form I-485

Once Form I-130 is approved, your spouse can file Form I-485, Application to Register Permanent Residence or Adjust Status. This form signifies the beginning of the adjustment process, requiring comprehensive information about your spouse’s background, employment, and personal history. Additionally, your spouse can file for work and travel authorization along with Form I-485, using Form I-765, Application for Employment Authorization, and Form I-131, Application for Travel Document. This step enables your spouse to legally work and travel within the United States while the adjustment process is underway.

Note: Filing Form I-130 & I-485 Concurrently

Immediate relatives of U.S. citizens, including spouses, are eligible to concurrently file Form I-130, Petition for Alien Relative, and Form I-485, Application to Register Permanent Residence or Adjust Status. This unique provision streamlines the process, allowing eligible couples to establish the familial relationship and initiate the adjustment of status journey simultaneously. However, for those who are not immediate relatives, such as spouses of lawful permanent residents, the process may be subject to priority dates and the visa bulletin. Consult with us at Kaza Law to determine your eligibility and the best approach for your situation.

Step 5: Attend the Adjustment of Status Interview

An in-person interview is a standard part of the adjustment of status process. Both you and your spouse will be required to attend, providing an opportunity to validate the authenticity of your relationship.

Step 6: Await Decision

USCIS will evaluate your case post-interview. If approved, your spouse will receive a green card, granting lawful permanent residence in the United States.

LGBTQ-Specific Tips

• Embrace Your Identity: Express your LGBTQ identity with pride throughout the process.
• Address LGBTQ-Specific Questions: Be prepared for questions about your relationship and identity during the interview.
• Seek LGBTQ-Friendly Assistance: Partner with an immigration attorney experienced in LGBTQ immigration matters.
• Compile LGBTQ-Centric Evidence: Include evidence that highlights your journey as an LGBTQ couple.
• Show Consistency: Present a consistent narrative about your relationship from start to finish.

Note: Conditional Green Card

If your marriage is less than two years old at the time of obtaining a green card through the adjustment of status process, you will likely receive a conditional green card. This means your green card will be valid for a period of two years. Within the 90-day period before the expiration of your conditional green card, you and your spouse will need to jointly file Form I-751, Petition to Remove Conditions on Residence. This step is crucial to convert your conditional green card into a permanent one, ensuring the continued validity of your residency status. An experienced immigration attorney can provide guidance on navigating this process smoothly and effectively.

Conclusion

Embarking on the journey of LGBTQ marriage-based visas and the adjustment of status is a declaration of love, unity, and equality. Kaza Law stands ready to support you through this transformation. Our expert team comprehends the intricacies of LGBTQ immigration matters, guiding you with assurance and expertise. Whether you’re ready to commence the process or have queries about LGBTQ immigration, schedule a consultation with us. Your journey toward a new beginning starts here.