THE SAME-SEX MARRIAGE GREEN CARD LAWYER FOR THE LGBTQ COMMUNITY
Our law firm specializes in gay marriage green card applications with a distinct focus on couples consisting of disparate age groups and cultures. Since gay marriage was recognized in 2013, we have been working with many couples seeking to reunite and live in the United States. Whether you are seeking a gay marriage green card application or LGBT K1 visa assistance or more, our firm is perfectly poised to handle all your immigration needs.
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MEET YOUR NEW LGBT IMMIGRATION LAWYER
Marcus Yi, Esq. provides personalized immigration law representation for both employment and family based immigration matters. He has represented corporations, non-profit organizations and individuals in the process of obtaining temporary visas for work, study and training, lawful permanent residence (a “green card”) and U.S. citizenship. He advises employers and individuals on all phases of immigration applications, from screening prospective hires to identifying visa strategies for new jobs and career transitions, through employment-based paths to permanent residence and naturalization.
Mr. Yi graduated from St John’s University School of Law, where he earned a Juris Doctorate degree in 2011. He is a member of the New York State Bar and is licensed to practice in State and Federal court. He is also a member of the American Immigration Lawyers Association.
Mr. Yi graduated from St John’s University School of Law, where he earned a Juris Doctorate degree in 2011. He is a member of the New York State Bar and is licensed to practice in State and Federal court. He is also a member of the American Immigration Lawyers Association.
CLIENT TESTIMONIALS
Kiat Sing Teo
Besides being effectively bilingual, Yi also has in-depth knowledge and first-hand experience with the artistic industry, which crucially informs his services. Any artist, or anyone, seeking legal advice or immigration services will also appreciate this office's responsiveness, responsibility and meticulousness.
Mariel Reyes
I highly recommend Marcus Yi for all of your immigration needs. He helped my dad to get his green card and was extremely responsive, communicative, and helpful during the entire process.
I really appreciated the fact that he was always available and willing to answer any and all questions; you know that he truly cares for his clients and is committed to providing you with excellent service.
My dad was so impressed with his services that now he is retaining Marcus again for another immigration case. If you are in search of an effective and communicative immigration lawyer, look no further than Marcus Yi.
I really appreciated the fact that he was always available and willing to answer any and all questions; you know that he truly cares for his clients and is committed to providing you with excellent service.
My dad was so impressed with his services that now he is retaining Marcus again for another immigration case. If you are in search of an effective and communicative immigration lawyer, look no further than Marcus Yi.
CONTACT US
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We are located at 315 W. 36th St New York NY 10018 by appointment only.
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WHAT WE DO
Our law firm specializes exclusively on immigration and nationality law. We prepare applications for permanent residence based on same-sex marriage, LGBT K1 fiancé visas, temporary work visas, and represent clients in complex immigration matters. Our law firm specializes in immigration law with a distinct focus on individuals and organizations from the creative and artistic industries.
WHY WE DO IT
Our Founding Partner has personal experience in applying for temporary work visas and permanent residence. Through his own experience, he realized there was a lack in responsible, efficient, and responsive services from other immigration lawyers that serviced the LGBTQ community. As a result, he set up this law firm to provide the best quality immigration service that all individuals should expect.
CAN I SPONSOR MY GAY PARTNER FOR A GREEN CARD?
If you are a United States Citizen or Permanent Residence, and your spouse has no inadmissibility issues (fraud, criminal convictions), you may be able to sponsor your gay partner for a green card. Since 2013, same-sex gay marriage has been legalized in the United States. This means if you have a valid marriage, you will be able to help your spouse apply for their permanent residence card (green card).
GAY MARRIAGE GREEN CARD TIMELINE
Depending on whether you (foreign national spouse) are married to a US Citizen, or Permanent Resident, the timeline for getting the green card can be quite varied. Either way your US Citizen or Permanent Resident Spouse will have to file Form I-130 Petition for Alien Relative, and then if there is a green card available, you may file Form I-485 Application to Register Permanent Residence or Adjustment of Status.
Assuming you (foreigner spouse) are married to a US Citizen, you will be able to file Form I-130 and Form I-485 at the same time if you are in the United States. This is because there is always a green card available for spouses of US Citizens. If you are not in the United States, you will need to file Form I-130 first, get it approved then go for consular processing. Either way, the process is usually about 12-18 months, and faster than if your spouse is a Permanent Resident. The gay marriage green card interview is typically scheduled about 1 year from filing but can vary depending on backlogs.
Assuming you (foreigner spouse) are married to a Permanent Resident, usually you will not be able to file Form I-130 and Form I-485 at the same time because there usually are not enough green cards available for spouses of Permanent Residents. This means Form I-130 Petition for Alien Relative will need to be filed first. After it is approved, and a green card is available, then will you be able to file Form I-485 Application to Register Permanent Residence or Adjustment of Status if you are in the United States, or consular processing. Form I-130 can take anywhere from 6-12 months to be processed. The wait time for a green card to be available can take up to 1-3 years, depending on availability, and the green card portion can take about 6-12 months.
Assuming you (foreigner spouse) are married to a US Citizen, you will be able to file Form I-130 and Form I-485 at the same time if you are in the United States. This is because there is always a green card available for spouses of US Citizens. If you are not in the United States, you will need to file Form I-130 first, get it approved then go for consular processing. Either way, the process is usually about 12-18 months, and faster than if your spouse is a Permanent Resident. The gay marriage green card interview is typically scheduled about 1 year from filing but can vary depending on backlogs.
Assuming you (foreigner spouse) are married to a Permanent Resident, usually you will not be able to file Form I-130 and Form I-485 at the same time because there usually are not enough green cards available for spouses of Permanent Residents. This means Form I-130 Petition for Alien Relative will need to be filed first. After it is approved, and a green card is available, then will you be able to file Form I-485 Application to Register Permanent Residence or Adjustment of Status if you are in the United States, or consular processing. Form I-130 can take anywhere from 6-12 months to be processed. The wait time for a green card to be available can take up to 1-3 years, depending on availability, and the green card portion can take about 6-12 months.
WHAT FORMS DO I NEED FOR A GAY MARRIAGE GREEN CARD APPLICATION?
Some of the forms that you may need include Form I-130 Petition for Alien Relative, Form I-485 Application to Register Permanent Residence or Adjustment of Status, Form I-864 Affidavit of Support, Form I-765 Application for Employment Authorization, Form I-131 Application for Travel Document or Advance Parole. Always check with an immigration attorney because some of these forms carry inherent risks that may vary depending on the complexity of your case.
WHAT ARE SOME GAY MARRIAGE GREEN CARD INTERVIEW QUESTIONS?
Generally the immigration officer wants to know whether the marriage was made in good faith or for an immigration benefit. Questions can be as simple as "What is your address?" and "How did you meet each other?". Here are some sample questions you can use to practice for your interview.
When and where did you meet your spouse?
Describe this 1st meeting.
Did you make arrangements to meet again?
Did you exchange phone numbers?
When did you meet next?
Where were you living at the time? Where was your spouse living?
When did you decide to get married? Where were you at the time?
Did you live together before marriage?
When and where did you get married? How did you and your spouse get to the church, courthouse, etc.?
Who were the witnesses to the ceremony?
Did you exchange wedding rings?
Where had you purchased these rings? Did you and your spouse purchase them together?
Did you have a reception after the ceremony?
Where was it held?
Do you have any photos of the ceremony and /or reception?
Describe the reception.
Did any of your, and your spouse’s, family members attend? If so, who?
Did you go on a honeymoon? If so, when and where?
If you did not have a reception, what did you do after the wedding ceremony?
Where did you live after the wedding?
Describe the place where you lived right after the marriage. Number of bedrooms and bathrooms; furnishings; color of walls, floor coverings, appliances, etc; type of air conditioning, heating, etc; # of telephones, televisions, etc. Do you have cable television?
Where did you get the furniture? Was it already there, did you buy it, was it a gift, or did it come from your, or your spouse’s, previous residence?
If brought to the house or apartment, describe how it was transported.
Describe your bedroom. Where do you keep your clothes? Where does your spouse keep his or her clothes? Where are the bathroom towels kept? Where do you keep the dirty clothes?
Where is the garbage kept in the kitchen?
On what day of the week is the garbage picked up?
Where do you shop for groceries? Do you go together with your spouse? How do you get there?
Where do you work? What days of the week do you work?
What hours do you work? What is your salary?
What is your telephone # at work?
When was the last vacation you had from work?
Did you and your spouse go anywhere together at that time?
When was the last vacation you and your spouse took together?
Where did you go? How did you get there? Describe it.
Where does your spouse work? What days of the week? What hours? What is the salary, if you know?
What is your spouse’s telephone # at work?
When was the last time your spouse got a vacation from work?
Do you or your wife have any scars or tattoos? If so, where on the body?
Do you know your spouse’s family members? If so, which ones? If your spouse has children from a previous marriage, their names, ages, where they live, and where they go to school, if applicable.
Where do you live now? (If different from where you lived right after the marriage, then go over the same questions as above). How much is the rent? When is it paid? How do you pay it?
Do you have a bank account together? Where? What kind of account? (Checking, savings).
Are both of you listed on the account? (Do you have a bank letter, cancelled checks, etc.?)
Did you file a joint tax return this year? Do you have a copy with you?
Do you own any property together? What property? Did you bring copies of the documents with you?
What kind of automobile do you and your spouse have? Describe them.
Do you have an insurance policy listing your spouse as the beneficiary? If so, do you have a copy?
Have you taken any trips or vacations together? Do you have photos from these trips?
Do you have any utility bills, or receipts from items you have purchased together?
What other documentation do you have to show that you are living together as husband and wife?
Do you have any pets? What kind, what are their names, and describe them?
What did you do for Christmas, New Year’s, your anniversary, or you or your spouse’s last birthday? Did you exchange gifts? If so, what kind of gift?
Did you or your spouse go to work yesterday? If so, at what time did you and/or your spouse leave the house and return?
Who cooks the meals at the house?
What is your spouse’s favorite food? What is your favorite food?
Does your spouse drink coffee? If so, does he or she use cream and/or sugar?
Did you eat dinner together last night? Did anyone else have dinner with you? What did you have?
What time was dinner served? Who cooked it?
Did you watch TV after dinner? What shows did you watch?
At what time did you go to bed? Who went to bed first?
Did you have the air conditioning or heater on?
Who woke up first this morning? Did an alarm clock go off?
Did you or your spouse take a shower?
Did you come to the interview together? Who drove?
Did you have breakfast? Where and what did you eat?
When and where did you meet your spouse?
Describe this 1st meeting.
Did you make arrangements to meet again?
Did you exchange phone numbers?
When did you meet next?
Where were you living at the time? Where was your spouse living?
When did you decide to get married? Where were you at the time?
Did you live together before marriage?
When and where did you get married? How did you and your spouse get to the church, courthouse, etc.?
Who were the witnesses to the ceremony?
Did you exchange wedding rings?
Where had you purchased these rings? Did you and your spouse purchase them together?
Did you have a reception after the ceremony?
Where was it held?
Do you have any photos of the ceremony and /or reception?
Describe the reception.
Did any of your, and your spouse’s, family members attend? If so, who?
Did you go on a honeymoon? If so, when and where?
If you did not have a reception, what did you do after the wedding ceremony?
Where did you live after the wedding?
Describe the place where you lived right after the marriage. Number of bedrooms and bathrooms; furnishings; color of walls, floor coverings, appliances, etc; type of air conditioning, heating, etc; # of telephones, televisions, etc. Do you have cable television?
Where did you get the furniture? Was it already there, did you buy it, was it a gift, or did it come from your, or your spouse’s, previous residence?
If brought to the house or apartment, describe how it was transported.
Describe your bedroom. Where do you keep your clothes? Where does your spouse keep his or her clothes? Where are the bathroom towels kept? Where do you keep the dirty clothes?
Where is the garbage kept in the kitchen?
On what day of the week is the garbage picked up?
Where do you shop for groceries? Do you go together with your spouse? How do you get there?
Where do you work? What days of the week do you work?
What hours do you work? What is your salary?
What is your telephone # at work?
When was the last vacation you had from work?
Did you and your spouse go anywhere together at that time?
When was the last vacation you and your spouse took together?
Where did you go? How did you get there? Describe it.
Where does your spouse work? What days of the week? What hours? What is the salary, if you know?
What is your spouse’s telephone # at work?
When was the last time your spouse got a vacation from work?
Do you or your wife have any scars or tattoos? If so, where on the body?
Do you know your spouse’s family members? If so, which ones? If your spouse has children from a previous marriage, their names, ages, where they live, and where they go to school, if applicable.
Where do you live now? (If different from where you lived right after the marriage, then go over the same questions as above). How much is the rent? When is it paid? How do you pay it?
Do you have a bank account together? Where? What kind of account? (Checking, savings).
Are both of you listed on the account? (Do you have a bank letter, cancelled checks, etc.?)
Did you file a joint tax return this year? Do you have a copy with you?
Do you own any property together? What property? Did you bring copies of the documents with you?
What kind of automobile do you and your spouse have? Describe them.
Do you have an insurance policy listing your spouse as the beneficiary? If so, do you have a copy?
Have you taken any trips or vacations together? Do you have photos from these trips?
Do you have any utility bills, or receipts from items you have purchased together?
What other documentation do you have to show that you are living together as husband and wife?
Do you have any pets? What kind, what are their names, and describe them?
What did you do for Christmas, New Year’s, your anniversary, or you or your spouse’s last birthday? Did you exchange gifts? If so, what kind of gift?
Did you or your spouse go to work yesterday? If so, at what time did you and/or your spouse leave the house and return?
Who cooks the meals at the house?
What is your spouse’s favorite food? What is your favorite food?
Does your spouse drink coffee? If so, does he or she use cream and/or sugar?
Did you eat dinner together last night? Did anyone else have dinner with you? What did you have?
What time was dinner served? Who cooked it?
Did you watch TV after dinner? What shows did you watch?
At what time did you go to bed? Who went to bed first?
Did you have the air conditioning or heater on?
Who woke up first this morning? Did an alarm clock go off?
Did you or your spouse take a shower?
Did you come to the interview together? Who drove?
Did you have breakfast? Where and what did you eat?
HOW DOES DIVORCE AFFECT THE GAY MARRIAGE GREEN CARD APPLICATION PROCESS?
The timing of the divorce is key here. If you get divorced before the initial green card marriage interview your application for Form I-130 and Form I-485 will be denied simply because there is no longer a relationship. If you get divorced after you get the conditional green card, you will need to file Form I-751 Petition to Remove Conditions on Residence once you get the divorce judgment, and apply for a waiver explaining why the marriage was made in good faith, in order to still have a chance of getting the permanent green card. If you get divorced after you get the permanent green card usually there is no effect. However, if you get divorced too quickly after you get the permanent green card, this could potentially be an issue when you apply for citizenship.
WHAT IS THE LGBT K1 VISA?
The fiancé(e) K-1 nonimmigrant visa is for the foreign-citizen fiancé(e) of a United States (U.S.) citizen. The K-1 visa permits the foreign-citizen fiancé(e) to travel to the United States and marry his or her U.S. citizen sponsor within 90 days of arrival. The foreign-citizen will then apply for adjustment of status to a permanent resident (LPR) with the Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS). Because a fiancé(e) visa permits the holder to immigrate to the U.S. and marry a U.S. citizen shortly after arrival in the United States, the fiancé(e) must meet some of the requirements of an immigrant visa. Eligible children of K-1 visa applicants receive K-2 visas.
CAN MY FIANCE BE A MEMBER OF THE SAME SEX?
Absolutely as long as they are considered a "fiancé". Under U.S. immigration law, a foreign-citizen fiancé(e) of a U.S. citizen is the recipient of an approved Petition for Alien Fiancé(e), Form I-129F, who has been issued a nonimmigrant K-1 visa for travel to the United States in order to marry his or her U.S. citizen fiancé(e). Both the U.S. citizen and the K-1 visa applicant must have been legally free to marry at the time the petition was filed and must have remained so thereafter. The marriage must be legally possible according to laws of the U.S. state in which the marriage will take place.
In general, the foreign-citizen fiancé(e) and U.S. citizen sponsor must have met in person within the past two years. USCIS may grant an exception to this requirement, based on extreme hardship for the U.S. citizen sponsor to personally meet the foreign-citizen fiancé(e).
In general, the foreign-citizen fiancé(e) and U.S. citizen sponsor must have met in person within the past two years. USCIS may grant an exception to this requirement, based on extreme hardship for the U.S. citizen sponsor to personally meet the foreign-citizen fiancé(e).
HOW DO I APPLY FOR THE LGBT K1 VISA?
The First Step: Filing the Petition
The NVC will mail you a letter when it sends your fiancé(e) case to the U.S. Embassy or Consulate. Once you receive this letter, inform your fiancé(e) to take the below-listed actions to apply for a K-1 visa and prepare for the interview.
Eligible children of K-1 visa applicants may apply for K-2 visas. Separate applications must be submitted for each K visa applicant, and each K visa applicant must pay the visa application fee.
- You, the U.S. citizen sponsor, must file Form I-129F, Petition for Alien Fiancé(e), with the USCIS office that serves the area where you live. See Direct Filing Addresses for Form I-129F, Petition for Alien Fiancé(e) for information on where to file the petition. Further information is available on the USCIS website under Fiancé(e) Visas. Note: Form I-129F cannot be filed at a U.S. Embassy, Consulate, or USCIS office abroad.
- After USCIS approves the petition, it is sent to the National Visa Center (NVC). The NVC will give you a case number and send your petition to the U.S. Embassy or Consulate where your fiancé(e) lives.
The NVC will mail you a letter when it sends your fiancé(e) case to the U.S. Embassy or Consulate. Once you receive this letter, inform your fiancé(e) to take the below-listed actions to apply for a K-1 visa and prepare for the interview.
Eligible children of K-1 visa applicants may apply for K-2 visas. Separate applications must be submitted for each K visa applicant, and each K visa applicant must pay the visa application fee.
WHAT HAPPENS AFTER I GET MY LGBT K1 VISA?
If you are issued a K-1 visa, the Consular Officer will give you your passport containing the K-1 visa and a sealed packet containing the civil documents you provided, plus other documents prepared by the U.S. Embassy or Consulate. It is important that you do not open the sealed packet. Only the DHS immigration official should open this packet when you enter the United States. As the K-1 visa holder, you must enter the United States either before or at the same time as any qualifying children holding K-2 visas.
With your visa, you can apply for a single admission at a U.S. port-of-entry within the validity of the visa, which will be a maximum of 6 months from the date of issuance. You must marry your U.S. citizen fiancé(e) within 90 days of your entry into the United States.
With your visa, you can apply for a single admission at a U.S. port-of-entry within the validity of the visa, which will be a maximum of 6 months from the date of issuance. You must marry your U.S. citizen fiancé(e) within 90 days of your entry into the United States.
CONTACT US
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We are located at 315 W. 36th St New York NY 10018 by appointment only.
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