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Helping Clients Sponsor His or Her Same-Sex Spouse for Immigration Purposes

U.S. citizens and permanent residents are able to sponsor certain family members for immigration applications provided that certain requirements are met. In light of the Supreme Court’s decision in U.S. v. Windsor, striking down Section 3 of the Defense of Marriage Act, same-sex married couples are granted the same immigration rights as married couples of the opposite sex as long as the marriage was performed in a state that recognizes same-sex marriage. On November 20, Illinois became the 15th state to legalize same-sex marriage, which means that same-sex couples who will be married in Illinois (or other jurisdiction that recognizes same-sex marriages) are eligible for family-based immigration benefits.

The Chicago family immigration lawyers at Shapiro Law Group are dedicated to helping clients sponsor family members, including same-sex spouses and their children, for visas and green cards. For more information on same-sex marriage sponsorship, contact us at (847) 564-0712 to speak with an experienced and qualified Illinois immigration attorney.

Visa Sponsorship Requirements

U.S. citizens and lawful permanent residents can file a Form I-130 (and any applicable accompanying application) for a family-based immigrant visa. Your eligibility to petition for your spouse, and your spouse’s admissibility, is determined according to the requirements of the visa application submitted and cannot be denied as a result of the same-sex nature of your marriage.

If you are engaged to be married to a foreign national of the same sex, you may file a Form I-129F to sponsor your fiancé for entry into the United States for the purpose of the marriage.

Permanent Resident Sponsorship Requirements

To be eligible to sponsor your same-sex spouse or other relative for lawful permanent residence, you must meet the following criteria:

  • Be a United States citizen or a lawful permanent resident of the United States who can provide documentation proving your status and is willing to sponsor the relative for lawful permanent residence by filing the I-130, Petition for Alien Relative.
  • Prove that you can support the alien relative by providing documentation that your income is 125% above the mandated poverty line for your family, including the beneficiary and all other sponsored family members.
  • Prove that the foreign national is a husband or wife (which includes same-sex spouses via marriage performed in a state or country that recognizes same-sex marriage).
Sponsorship of Same-Sex Marriage
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Sponsorship of Other Relatives

  • If you are a Permanent Resident (green card) or a U.S. citizen, you may sponsor an unmarried son or daughter of any age.
  • If you are a Citizen, you may sponsor a married son or daughter of any age.
  • If you are a U.S. citizen and you are at least 21 years old, you may sponsor a brother or sister.
  • If you are a U.S. citizen and you are at least 21 years old you may sponsor a parent.

Helping Clients Sponsor Family Members through Same-Sex Marriage

At the Shapiro Law Group, our Chicago immigration lawyers understand just how important your family is to you. We want to help you prevent or minimize separation of family members, including your same-sex spouse or children through that marriage. We regularly assist couples – including same-sex married couples – with marriage-based immigration issues and help clients with relatives living abroad develop a plan to bring their family members legally into the country.

For more than 30 years, we have been helping families in and around Chicago area and throughout Illinois with their immigration needs. Contact us at (847) 564-0712 for a free consultation with one of our Chicago family immigration lawyers.