There have been quite a few changes recently that have a positive impact on the immigration consequences for same-sex couples.
A couple of years ago, the Defense of Marriage Act (“DOMA”) was passed by Congress, but more recently the Obama Administration and the Courts have undermined many of its principles. Unlike some States, the Federal Government still does not recognize same sex marriage and so it is not possible for a foreigner to immigrate to the U.S. based on a same sex marriage. However, there is now a Presidential policy to make deportation of same-sex couples not a priority. As a result, foreign same-sex should not normally be put into deportation proceedings. In addition, DOMA principles are coming under challenge in the Courts on Equal Protection grounds.
Jocelyn Arenas says
Hi atty. Allan,
Im Jocelyn I just wanna ask if I became US citizen nxt yr. Can I process the same sex fiancee marriages in the Philippines? Would they allow me to process the papers in Philippines? Or even Im having a greencard holder can I also get my girlfriend here in USA to be with me cause its hard weve been 6yrs. And I want her to be with me… Thank you hope you will answer me
Allan Lolly says
Once you become a U.S. citizen, it can be possible to immigrate your Filipina fiancee to the U.S. on a fiancee visa. You cannot file for a fiancee visa until after you are a U.S. citizen.
You can marry anytime and bring your spouse to the U.S. on a marriage visa rather than a fiancee visa. However, since you are not yet a U.S. citizen, there will be intentional delays in case processing to avoid chain migration. Even so, it can be a good idea to marry and file now because we can speed the case up once you are a U.S. citizen, and the marriage visa is a very good visa choice. You would need to marry in Thailand or some country that allows same sex marriage.
Please contact me at 1-888-483-0311 if you would like to discuss further.
Kind regards, Allan