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Immigration Law
Case Introduction
Case No. IF-025
Same-sex Marriage Immigration
Brief Introduction

On June 26, 2013, the nation's highest court struck down part of the Defense of Marriage Act (DOMA). Supreme Court's ruling guarantees equal Immigration rights to lawfully married same-sex couples.

Since June 26, 2015, all 50 states 
in the United States recognize same-sex marriage. Same-sex spouse could get an immigrant visa through family-based immigration into the United States, or adjustment of status in the United States. Same-sex marriage immigrants mainly include IR-1/CR-1 and F-2A.

There are unlimited numbers of immigrant visa available in IR-1/CR-1. Thus, immediate relatives can receive the green card as soon as the paperwork is approved. The petition for immediate relatives is approved for that relative only. The family members can’t follow to join or get their green cards as derivative beneficiaries.

F-2A spouse or children who are in derivative status can immigrate with the principal beneficiary, and a separate petition is not required. But you need to wait for the quota. Click here for
Visa Bulletin.

Things to Know

Same-sex spouses of U.S. citizens or lawful permanent resident, which can be further divided into:
IR-1: same-sex spouses of U.S. citizens (married for at least two years)
CR-1: same-sex spouses of U.S. citizens (married less than two years)
F-2A: same-sex spouses of lawful permanent resident

Filing Fee

USCIS $420
AOS $1070
Application for Immigration Visa (Family-Based): $230/Person
Affidavit of Support:$88/Family

Ask for Attorney Service
Service Details

USCIS Procedure
1. Provide case questionnaire and document checklist
2. Full Review of your personal circumstances
3. Confirm that the IR-1/CR-1/F-2A petition is appropriate for you
4. Legal advice on how to prepare your documents and what to expect
5. Prepare application form(s) and Form G-28
6. Prepare attorney cover letter and application letter
7. Submit your application with USCIS and keep your file
8. Keep contact with USCIS
9. Online access to your case status

AOS Procedure
1. Provide "Adjustment of Status for Family-Based" questionnaires
2. Provide document checklist
3. Review your personal qualifications
4. Confirm that the I-485 application or I-130/I-485 concurrent filing is appropriate for you
5. Prepare I-485, I-864 and other forms
6. Advise on how to prepare petitioner's affidavit of support documents
7. Compose application letter/cover letter of the case
8. Submit your application with USCIS and keep your file
9. Guide on how to take medical examination and biometric
10. Provide AOS interview instruction, including FAQ

NVC-Consulate Procedure
1. Provide NVC & Consulate process questionnaires for both parties
2. Provide document checklist for both parties
3. Review your personal qualifications
4. Pay the Immigration Visa Application Processing Fee and The Affidavit of Support (I-864) processing fee on your behalf
5. Prepare DS-230 Part 1 & Part 2, I-864 and other forms
6. Advise on how to prepare petitioner's affidavit of support documents
7. Advise on the preparation of Packet 3 & Packet 4
8. Assist you in the consulate interview documents preparation and medical exam
9. Provide consulate interview instruction, including FAQ
10. Submit your application with NVC-Consulate and keep your file

Service Fee

This service fee is the basic reference price, which may be adjusted case by case.

Payment Methods
  • Wire Transfer
  • Check
  • Credit Card
Free Consultation

Free Consultation will provide the clients with answers to general questions, for example, what is the priority date of EB-3 Free Consultation should NEITHER be regarded as legal advice nor analysis on certain cases NOR confirmation of attorney-client relationship. If you need legal advice or analysis on your case, please choose the Attorney Consultation service.

Attorney Consultation

$300 per hour(charging by hours includes time consumed by reviewing relevant documents, starting charge from an hour).