The U.S. Supreme Court’s landmark ruling on June 26, 2013 went viral especially among U.S. immigration law firms. Because the Supreme Court decision opens the door to many potential petitions in the days ahead, immigration law firms are actively marketing their expertise on this issue.
While same sex couples were denied this benefit in the past, it may now have changed with this Supreme Court ruling. With this new ruling, U.S. citizens who are legally married to their same sex partners may now file petitions on the latter’s behalf. With the new rule, same sex couples are no longer prevented from receiving this federal benefit because of gender issue.
If you are interested, consult an immigration attorney in your area who you can talk to in person about how to go about filing a petition for your partner. You must be aware that to take advantage of this new rule, you must establish that you and your partner have valid and existing marital relationship as this will be the basis for a grant of a visa.
In addition, if you are into a long distance lesbian relationship and wants to get your fiance, there is a chance that you can have what you wished for. It is a fact that most lesbian relationship fails because of distance. The new rule cuts this barrier and you no longer have to bear the burden of finding out ways on how to let the long distance relationship survive. With the new rule, if you are a U.S. citizen you now have a chance to file a fiance visa for your same sex partner who resides abroad. The approval of the fiance visa largely depends on how you establish your case. And, it can be shown that the foreign national will enter the U.S. for the sole purpose of entering into a valid marriage with the U.S. citizen. In this case, it is you who will be the petitioner.
Filing the petition is however not an easy thing to do as you have to collect documentation to prove that you are capable of what you are doing. For example, you will be needing in support of your petition, other supporting documents like there is an intent to establish a life together at the time of marriage and that the intent is out of love and companionship. Otherwise, failure to establish these grounds may result in the denial of your petition.
If you have what it takes to bring your partner into the US or legalize the status of your partner who is now or is residing with you in the US, you may want to start collecting the documents as indicated above. Basically, the requirements will be the same as for any other fiance visa except that you and your fiance must legally marry in one of the states that recognizes same sex marriages.
Below are the best places for lesbians in the United States as they allow or recognizes same sex marriages:
5. New York
9. District of Columbia
11. New Hampshire
13. Rhode Island
In short, if you are a U.S. citizen living in one of the states indicated above and is in a marital relationship with someone who is out of status in the United States then you now have the chance to petition your partner. Or, if you are in a long distance relationship with a partner who is residing abroad and you are both committed to each other to live and love for better or for worse then you also now have the opportunity to petition her/him on a fiance visa.
If you can’t afford the services of lawyer and want to do it on your own, here is a book Fiance and Marriage Visas: A Couples Guide to Immigration that will guide you through the whole process. It’s a simple guide that makes obtaining a visa for your partner painless as possible. This very affordable book will help you understand the “how to” filing of a petition like how to collect, prepare and manage paperwork.