Atlanta DOMA Attorney

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The state of Georgia does not sanction gay marriage or recognize same-sex marriages from other states or countries. However, after a landmark Supreme Court ruling in 2013, the United States government does recognize same-sex relationships for purposes of immigration.

If you are a U.S. citizen who is engaged or married to a foreign national of the same sex, you can sponsor your fiancé(e) or spouse in petitioning for a K visa. Once your spouse/partner has entered the U.S., he or she can apply for adjustment to permanent status (green card).

The law firm of Taylor Lee & Associates LLC assists clients in Metro Atlanta and northern Georgia with K-1 fiancé(e) visas and K-3 marriage visas, as well as K-2/K-4 visas for minor children of the foreign national. We can assist same-sex couples with the technicalities of the immigration process and with any questions or complications that arise.

My fiancée/fiancé has arrived in the U.S. Now what?
You will still not be able to marry your foreign-born fiancé(e) in Georgia. To comply with the K-1 visa, you must be married within 90 days in a U.S. state that authorizes same-sex marriage. However, returning to live in Georgia will not have any impact on immigration status, even though the marriage is not recognized under state law.

Immigration For Same-Sex Spouses And Fiancé(es)

In the past, the federal Defense of Marriage Act (DOMA) prevented the United States Citizenship and Immigration Service from recognizing same-sex partners as eligible for family-based visas. This was a hardship for couples who also could not marry under the laws of the partner's home country, or who were legally married but wanted to live in the United States. The only option was for the non-citizen spouse/partner to obtain a green card through employment or other family members, which might take years.

In Windsor v. United States, the U.S. Supreme Court struck down portions of DOMA as unconstitutional, and the USCIS soon signaled that it would consider petitions for same-sex partners no differently than other K-1 or K-3 visa applications. As long as all other immigration requirements are met, there are no longer any barriers.

Our lawyers can assist with the I-129F Petition for Alien Fiancé(e) or I-130 Petition for Alien Relative (spouse) to enter the U.S. as a nonimmigrant, the I-485 Petition to Adjust Status to permanent resident ( green card) after the marriage has taken place, and eventually the N-400 application for citizenship.

Committed To The Rights Of All Immigrants

For knowledgeable advice about same-sex couples and U.S. immigration, please call our Atlanta immigration attorneys at 770-441-4807 or 800-440-7601 or contact us by email. Hablamos español.