Thai Immigration has recently changed the rules for visa issuance. Thai Business visa extensions are now more difficult to obtainread more
Buy a Condo / House
There has never been a better time to invest in Thai Real Estate. more
- Bangkok Lawyer
- Corporate Services
- Purchase Services
- Legal Blog
- Contact Us
US Visa Services for same sex
U.S. Marriage and Fiance Visa Benefits for Same Sex and LGBT Couples
In the past, it was impossible for same sex couples to obtain United States immigration benefits in the same manner as different-sex couples. For example, until recently an American Citizen could not obtain a CR-1 visa, K-3 visa, or an IR-1 visa for his or her same sex spouse. Concurrently, there was a time when an American Citizen could not obtain a K-1 visa for a foreign fiancee or fiance, if the foreign national was of the same sex. These situations resulted from Federal regulations arising from the Defense of Marriage Act (also known as DOMA). Under the provisions of the Defense of Marriage Act the United States Federal government did not recognize same sex marriages. This prohibition on recognition of same sex marriage was even applied to those couples who had legalized a same sex marriage in one of the States which allow such unions. As a result of previous policies arising from implementation of DOMA same sex couples were barred from receiving many of the benefits the Federal government bestows upon different-sex couples. One notable benefit denied to same sex couples: family based immigration benefits i.e. visas.
On June 26, 2013 the United States Supreme Court handed down a decision finding Section 3 of the Defense of Marriage Act to be unconstitutional. Section 3 of DOMA is the provision which precludes the Federal government from recognizing same sex marriages, even same sex marriages performed in the various States allowing such unions. Upon the Court’s finding that Section 3 of DOMA is unconstitutional many of the legal barriers imposed upon same sex couples came down. Therefore, it became possible for American Citizens to petition the United States Citizenship and Immigration Service (USCIS) for immigrant visa benefits such as Green Cards (Lawful Permanent Residence) for same sex spouses.
One issue that was less clear after the Supreme Court’s decision pertained to foreign same sex fiances of United States Citizens. Due to the fact that the US fiance visa petition is based upon a bona fide intention to marry in the USA, not upon a marriage, there was initially some confusion as to whether or not USCIS would view LGBT K-1 petitioners in the same light as traditional petitioners. That stated, the issue was quickly clarified by statements made by the United States Citizenship and Immigration Service. As of the time of this writing, it is now possible for a United States Citizen to petition for K-1 visa benefits for a same-sex fiance in much the same manner as a different-sex fiance.
For some LGBT couples questions arise as to whether or not these recent changes in the law will have an impact upon couples where the foreign spouse or fiance is a transsexual. In the past, a transsexual fiance or spouse may have been able to obtain a US visa where the specific circumstances permitted the couple to be classified as a “different-sex” couple. With the Supreme Court’s recent ruling that discriminating against same sex couples based upon Section 3 of the Defense of Marriage Act violates the U.S. Constitution it would appear that transsexual spouses and fiances of United States Citizens are now eligible for marriage and fiance visas as the legal distinction between “different sex” couples and ”same sex” couples is no longer relevant to USCIS’s analysis and adjudication of such petitions.
For more detailed information please see: LGBT immigration.
Thailand Business Setup
Thai Company registration and incorporation can be a difficult process; Integrity Legal can assist in Company Setup in Thailand.Thai Business Setup
Marriage in Thailand
Getting Married in Thailand has never been easier. Integrity Legal's Thai lawyers can assist in executing a legal marriage in the Kingdom of Thailand.Marriage in Thailand
USA Visa From Thailand
Integrity Legal is equipped to assist with US Immigration from Thailand. We Specialize in K1 Fiance Visas for Thais as well as K3 Marriage Visas.US Visa Thailand
TO CONTACT INTEGRITY LEGAL Thailand Co. Ltd EMAIL US AT: firstname.lastname@example.org Call Toll Free: 1-877-231-7533
The hiring of a lawyer is an important decision that should not be based solely on advertisement. Before you decide, ask us to send you free written information about our qualifications and experience. The information presented on this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.