Same-sex spouses and fiancé(e)s are subject to the same immigration opportunities in Nevada as opposite-sex engaged and married couples regarding (1) visas for children, (2) application processes, (3) filing fees, (4) interview requirements, and (5) time frames. So whether gay or straight, partners who are married or planning to wed are afforded identical rights and privileges under U.S. federal immigration law.
Below our Las Vegas immigration attorneys answer frequently-asked-questions about homosexual spousal and fiancé(s) visas in Nevada. Click on a topic to go directly to that section.
- 1. I am a U.S. citizen in Las Vegas. Can my same-sex spouse immigrate to the U.S.?
- 2. I am a lawful permanent resident in Las Vegas. Can my same-sex spouse immigrate to the U.S.?
- 3. I am a U.S. citizen. Can my same-sex fiancé(e) immigrate to the U.S.?
- 4. I am a lawful permanent resident. Can my fiancé(e) immigrate to the U.S.?
- 5. What if my prior spousal or fiancé(e)s petition was rejected in the U.S.?
- 6. Can my foreign same-sex spouse immigrate to the U.S. through my employment visa?
- 7. Can foreign children of same-sex couples immigrate?
1. If I am a U.S. citizen in Nevada, can I sponsor my foreign same-sex husband/wife for a green card?
Yes. Whether the spouses are the same or opposite-sex, a U.S. citizen may file an I-130 form with the United States Citizenship and Immigration Services (USCIS) to begin the process of petitioning for a marriage visa. For specific information on application processes, time frames, costs, and the visa interview process, read our detailed article about the spousal visa process.
2. If I have a green card in Nevada, can I sponsor my foreign same-sex husband/wife for a green card?
Yes. No matter whether the spouses are the same or opposite-sex, a green card holder has the same rights as U.S. citizens to petition for a spousal visa with the USCIS. For detailed information on application procedures, waiting periods, and prices, refer to our article about the spousal visa process. Also, learn more about green cards.
Yes. Whether the couple is homosexual or heterosexual, U.S. citizens may file an I-129F form with the USCIS to begin the process of petitioning for a fiancé(e)s visa. For detailed instructions on application steps, time frames, and fees, go to our article about fiancé(e) visas.
No, and this holds true for opposite-sex engaged couples as well. Only U.S. citizens may sponsor their fiancé(e)s immigrating to the U.S.
USCIS will reopen and reconsider any foreign spousal and fiancé(e) petitions previously denied because of section 3 of the Defense of Marriage Act (DOMA), which has since been found unconstitutional for discriminating against same-sex couples. The petitioners will not need to repay any fees for this reconsideration. Read more about same-sex marriages in U.S. immigration law.
Foreign same-sex spouses of employment visa holders in the U.S. have the same opportunities to immigrate to the U.S. as foreign opposite-sex spouses. Learn more about employment-based visas.
Foreign children of homosexual unions have all the same opportunities as children from heterosexual unions to immigrate to the U.S. Unmarried children under age 21 typically arrive in the U.S. via a parent’s spousal visa or work visa.
Call a Nevada immigration attorney…
If your non-citizen spouse or fiancé(e) is seeking a green card in Nevada, contact our Las Vegas immigration attorneys for a consultation on how we can help to reunite your family as soon as possible.
Learn more about Nevada immigration options such as Las Vegas Nevada visa laws, humanitarian parole in Las Vegas Nevada, Las Vegas Visa Waiver Program, education visas in Las Vegas Nevada, and the naturalization in Las Vegas Nevada.