Same sex spouses got married in Florida after it became legal in that state. The USC spouse wants to petition his spouse who entered the country with a student visa. He finished school and decided to stay. They have had a lengthy relationship with plenty of evidence of family life. They live in Florida and would be filing from that state. They just want to make sure they can be granted the same USCIS benefits as an heterosexual marriage. They know what forms and documents to file. Thank you
Jacqueline DelgadoImmigration AttorneyWest Palm Beach, FL ·
Yes. Definitely. I would consult with an immigration attorney at soon as possible. I am very active in the LGBT community and would love to sit down for a consultation.
As long as the marriage is valid the overstay will not harm your petition. You are encouraged to hire an immigration attorney to assist you with filing the various necessary forms.
K. V. JairamImmigration AttorneyWest Palm Beach, FL ·
The overstay is immaterial because your spouse entered with a visa . Your can sponsor your same sex spouse to become a permanent resident but you should not do this on your own. Immigration is not just about filling up forms but requires expertise, experience and knowledge of a complex set of laws and regulations. It will be in you and your spouse best interests to retain a experienced immigration attorney to render legal assistance to you and your spouse. Knowing what forms and documents to file are not all. You have to prove a good faith marriage among other things.
Generally speaking, based on the information you have provided, the U.S. citizen can petition for same sex spouse. There is much more, however, then just completing forms when it comes to a successful immigration case. They will best be served by consulting with an experienced immigration attorney who can review their case and advise them how best to proceed.
