Charlotte Same-Sex Marriage Visa Lawyer

Same-sex marriages are legal in North Carolina. This means same-sex couples planning to live in Charlotte are eligible for the same immigration benefits as heterosexual couples. Same-sex spouses of US citizens and their minor children have an opportunity to live in the US upon the approval of certain visas. However, fiance and marriage visas require you and your spouse to prove the legitimacy of your marriage. Unfortunately, same-sex marriages are often under more scrutiny, forcing couples to go through an intensive application and interview process.

When immigration challenges arise for same-sex couples, an experienced Charlotte same-sex marriage visa lawyer at Sussman Law Firm, PLLC can help. Your family immigration attorney can help you obtain the necessary forms and guide you through the rigorous process of proving your relationship is legitimate.

Understanding Marriage Visas for Same-Sex Couples

Certain visas help shorten the physical separation period for couples when one partner is a US citizen or lawful permanent resident, and the other resides in another country. The visa that applies to your situation depends on your marital status. A K-1 visa allows a person’s fiance to enter the US to get married and apply for permanent residency. A K-3 visa allows a person’s spouse to come to the US to live and work while a family petition is pending.

To obtain either marriage visa, couples must file forms and provide documentation to prove the validity of their relationship. Supporting documents may include your marriage certificate, joint financial statements, and photos or other documents and testimonies that provide evidence of a real marriage. Couples will also be required to attend an interview designed to verify the authenticity of their relationship. A Charlotte same-sex marriage visa attorney could help with each step of the process.

Challenges for Same-Sex Couples

While the laws and regulations for same-sex couples are the same as those for opposite-sex couples, same-sex couples may face additional challenges during the application phase that require the guidance of a skilled Charlotte attorney. Discrimination and presumptions of fraud can mean same-sex couples need to provide extra documentation. The two main challenges for same-sex couples seeking a marriage visa are related to the location of the union and proving the legitimacy of the relationship.

Non-Recognizing Countries

Same-sex married couples seeking immigration benefits must have proof of a marriage legally performed and valid in the location they were married. This can lead to challenges when one partner is from a country that doesn’t recognize same-sex marriage. While the validity of the marriage depends solely on the location where the ceremony was performed, adequate documentation may be more difficult for couples from non-recognizing countries to obtain.

Proving Legitimacy

Same-sex couples seeking immigration benefits often have a heavier burden of proof than opposite-sex couples. Proving the marriage is legitimate is a critical part of obtaining a marriage visa. Discrimination and skepticism make it more difficult for same-sex couples to overcome presumptions of fraud. As a result, same-sex couples must have a well-documented case to present with necessary forms and applications.

Contact a Charlotte Marriage Visa Attorney for Assistance

In Charlotte, same-sex marriages are legal, and couples have the same immigration rights as opposite-sex couples. However, the process of obtaining a marriage visa is often more challenging for same-sex couples. In these cases, assistance from a Charlotte same-sex marriage visa lawyer can simplify the process. Your attorney can help you get the necessary forms and documentation to prove the legitimacy of your relationship and guide you through the application process. Contact the Charlotte same-sex marriage visa lawyers at Sussman Law Firm PLLC to schedule your consultation and learn more.