Family
Based Petitions
»
Petitioning a Spouse or an Immediate
Relative
Marriage to a U.S. Citizen/Resident
A U.S. Citizen or a Permanent Resident of
the U.S. can file this application to
establish relationship to a Spouse if the
Spouse is in the United States, or through
a U.S. Consulate if the Spouse is abroad.
K-3/K-4 U.S. Entry Visa for Spouse
Residing Abroad
A U.S. Citizen filing for a spouse and
minor children living abroad to enable
them to enter and permanently reside in
the U.S.A.
Immediate relative to a U.S. Citizen or
Permanent Resident
A U.S. Citizen or a Permanent Resident of
the U.S. can file this application to
establish relationship to certain
Immediate Relatives if the Relative is in
the United States, or through a U.S.
Consulate if the Immediate Relative is
abroad.
Petition for Alien Fiancé(e) (Nonimmigrant
Visa)
A U.S. Citizen sponsoring a fiancé(e) for
a temporary entry visa for the purpose of
marriage. After marriage the application
for permanent residency is submitted.
Gay Marriages
Can a gay marriage (even in a state where
these are legal) be the basis for a Form
I-130, Petition for Alien Relative, for
purposes of immigration? For the purposes
of immigration, a marriage's validity is a
question of Federal law, not of State law.
In 1996, Congress clarified the Federal
law concerning recognition of marriage by
enacting the Defense of Marriage Act (DOMA),
Pub. L. No. 104-199, 110 Stat. 2419
(1996). The DOMA contains a statutory
definition of "marriage," and of the
related term, "spouse." Pursuant to the
DOMA, in order for a relationship to
qualify as a marriage for purposes of
Federal law, one partner must be a man,
and the other must be a woman. This
definition applies to the construction of
any Act of Congress and to any Federal
regulation. The USCIS (United States
Citizenship & Immigration Service Agency)
must, therefore, administer the
Immigration and Nationality Act in light
of the DOMA, and cannot recognize the
validity of any same sex marriage.
