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In June, the US Supreme Court determined that the Defense of Marriage Act (DOMA) was unconstitutional. Within days, the USCIS and several other federal agencies indicated that it would begin treating same sex married couples the same as heterosexual married couples. Although it was a bit longer in coming compared to the USCIS, the Department … Continue reading “State Department FAQ on Same Sex Immigration Benefits” The U.S. Supreme Court today ruled that the Defense of Marriage Act (DOMA) is unconstitutional. In essence, the Court said that the Federal government could not treat legally married same-sex couples differently from other legally married couples. What Does This Mean For Immigration Purposes? With this ruling, Gafner Law Firm is confident that the … Continue reading “DOMA Struck Down – Its Impact on Same-Sex Marriage Visa & Immigration Benefits” As an immigration lawyer who handles many marriage and fiancee visa applications, one of the most common questions that is asked of me is: should a couple apply for the fiancee visa or just get married and apply for the marriage visa? For couples who do not care where or when they are married, this … Currently, as of this writing, the immigration agency does not recognize same-sex marriages as eligible for the marriage visa leading to permanent resident. However, many believe that the immigration agency will begin to accept same-sex marriage visa applications in the near future. My personal guess is that the change will occur within the next … Do you know how many photographs should be included in an application to adjust status? Is it two? or four? six? Or none? What happens if you provide the incorrect number? Often, immigration applicants, whether seeking family immigration or employment immigration, believe that a few dollars can be saved if they submit a petition without … Continue reading “How Many Photographs Are Included In An Adjustment of Status Application?” For a foreign national and a U.S. citizen thinking of getting married, a not too uncommon question is, “Can we have a proxy marriage?” And their follow up question, “Will immigration accept the proxy marriage?” This question is a bit more common following a New York Times article highlighting proxy marriages in the immigration context. … Unfortunately, not all marriages work out. This is true of marriages throughout the world – and is just as true for marriages between two U.S. citizens and marriages between a U.S. citizen and a foreign national. Unfortunately, when a marriage breaks up, a foreign national is often faced with intimidation and threats from the U.S. … A common question that marriage visa applicants ask is: Can an American citizen petition for his or her foreign national spouse while living outside of the United States? Many couples living overseas assume that they cannot apply for the foreign national spouse’s permanent residency until the U.S. citizen spouse is living in the … Continue reading “Is It Possible To Apply For Marriage Visa While Outside Of United States?” A common question that potential clients routinely ask me is: How much does the marriage visa process cost? Most potential clients I speak to know some of the costs – but not all. The following is meant to outline the costs involved when the foreign national spouse is outside of the United States. Part I … Continue reading “How Much Does the Marriage Visa Process Cost? Part II: Outside the United States” The popular tv show, House, is in its last few episodes. I would love to tell you what happens in the last few episodes – but I do not know. No spoiler here. Based upon the recent actions of Dr. House, this is my immigration-biased guess of how the series will end. [I may be … Continue reading “Spoiler Alert: House, MD Convicted of Immigration Marriage Fraud” A common question that potential clients routinely ask me is this: How much does the marriage visa process cost. It is a good question – and any competent marriage visa lawyer should be able to tell you the costs. However, I find that many potential clients do not realize that the government filing fees are … Continue reading “How Much Does The Marriage Visa Process Cost? Part I: Inside the United States” Recently the Board of Immigration Appeals (BIA) issued an unpublished report that examined the marriage visa’s availability for a postoperative transsexual individual who had married her husband after the operation. At issue before the court was the applicant’s inability to get her native country to change her birth certificate and passport to reflect her change … Due to the continued violence in Syria, the U.S. Consulate in Damascus has closed to visa applicants and processing. Individuals with current applications at the Damascus Consulate have had their cases transferred to the U.S. Consulate in Amman, Jordan. Additionally, individuals who would normally be able to file I-130 family immigration petitions at the U.S. … What is a Stokes Interview? The Stokes interview is the second interview that marriage visa applicants must attend if their first marriage visa interview is not successful. In New York City marriage visa cases the second interview is called a Stokes interview based upon a class action settlement in which the immigration agency agreed to … Congratulations on your recent engagement. You probably have a lot of planning to do …and a lot of questions that need to be answered. If you are marrying a U.S. citizen, here are the answers to some common marriage visa questions. If your question is not answered below, get it answered by contacting a marriage … Continue reading “Are You Engaged to a U.S. Citizen? Frequently Asked Questions” |
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