On June
26, 2013, the nation's highest court struck down part of the Defense of Marriage
Act (DOMA), Supreme Court's ruling guarantee equal Immigration rights to
lawfully married same-sex couples.
So far, In the United States, the District of Columbia and thirteen states
recognize same-sex marriages, including: California, Connecticut, Delaware,
Iowa, Maine, Maryland, Massachusetts, Minnesota, New Hampshire, New York, Rhode
Island, Vermont and Washington.
Same-sex marriage could get an immigrant visa through family-based immigration
into the United States, or adjustment of status in the United States to obtain a
green card. Now in the United States same-sex marriage can not only live
together, but also the immigrants can enjoy the treatment of permanent
residents, they can work in the U.S., and after living for a certain years
become U.S. citizens, then they can enjoy the same benefits of U.S. citizens.
Same-sex marriage immigrants and can be further divided into four categories:
IR-1/CR-1 Same-sex Spouses of U.S. Citizens
The first immediate relative category refers to the spouses of US citizens. In
order to immigrate as IR-1, the petitioner and the beneficiary should proof the
bona fide relationship as wife and husband. Spouses who enter into the U.S.
under IR-1 will receive his/her legal permanent resident status. If they married
less than two years, the spouse will be issued a conditional Green Card, which
is usually called as CR-1. The alien spouse with CR-1 is full permanent resident
in all respects except the condition. Within 90 days before the second
anniversary as a conditional resident, the alien spouse need to jointly petition
to remove the conditions on the residency. Failure to do so will result in the
termination of the alien spouse's conditional permanent residence.
F-2A Same-sex Spouses of Legal Permanent Residents
F-2 is a U.S. legal permanent resident spouse and unmarried children, an annual
quota of 114,200, plus the first priority category unused quota. U.S. permanent
residents can apply for same-sex couples preference family-based immigration,
which belongs to F-2A. F-2A category includes U.S. permanent resident spouse and
unmarried children under the age of 21, accounting for the second priority
category F-2 quota 77%, and spouse or children who are in derivative status can
immigrate with the principal beneficiary, and a separate petition is not
required, but you need to wait for the quota, the quota can follow the progress
of scheduled monthly updates Visa Bulletin.
K-1 Fianc(e) of U.S. Citizens
U.S. citizens can apply K-1 for their same-sex fianc (e) to get married in US.
After K-1 holder come to America, they must get married within 90 days, and K-1
holder can apply for adjustment of status, to obtain temporary green card.
K-3 Same-sex Spouses of U.S. Citizens
U.S. citizen can apply K-3 for their same-sex spouses, who hope get together as
soon as possible though K non-immigrant visas. This type of visa allows same-sex
spouses come first, then apply for adjustment of status, and can also apply for
a travel permit and work permit.