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Can I file an immigrant visa petition for my spouse?Ī3: Yes. state or a foreign country that recognizes same-sex marriage, but we live in a state that does not. Q3: My spouse and I were married in a U.S. Yes. You may file a Form I-129F, Petition for Alien Fiancé(e). As long as all other immigration requirements are met, a same-sex engagement may allow your fiancé to enter the United States for marriage. citizen who is engaged to be married to a foreigner of the same sex. Can I file a fiancé or fiancée petition for him or her?Ī2. Your eligibility to petition for your spouse, and your spouse’s admissibility as an immigrant at the immigration visa application or adjustment of status stage, will be determined according to applicable immigration law and will not be denied as a result of the same-sex nature of your marriage. You may file a Form I-130, Petition for Alien Relative (and any applicable accompanying application). Can I now sponsor my spouse for a family-based immigrant visa?Ī1: Yes, you can file the petition. citizen or lawful permanent resident in a same-sex marriage to a foreigner.

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