After the Supreme Court’s overturn of the 1996 Defense of Marriage Act, known as DOMA, gay and lesbian couples became entitled to federal immigration benefits. This landmark decision allows U.S. citizens and permanent residents to sponsor their same-sex partners. U.S. Citizens may petition for their fiancés living overseas, and both citizens and residents may begin the immigration process for their foreign-born spouses.
As long you are a US citizen and you plan to marry in a state that allows same sex marriage, you can benefit from this federal immigration law and have the same rights as everyone else.
In order to benefit from this process, we will first apply for a K-1 fiancé visa, which takes approximately 4-6 months to be approved. This fiancé visa will allow your partner to enter the U.S. in order to get married. Once your partner is in the country, you will have 90 days to get married after their arrival. Once you are married, we will proceed with the adjustment of status petition.
Adjustment of status is the second step and is the process of changing your partner’s immigration status from a K-1 visa holder to permanent residency. That process takes 4-6 months, and your partner can remain in the United States while the case is being completed.
- Lawful permission to reside in the United States;
- Work in the United States legally;
- Obtain a Driver’s License and Social Security number;
- Live without fear of deportation;
- Stay united with your spouse and family.
Gay and lesbian couples may now be eligible for family-sponsored visas, such as:
- K-1 Fiancé Visas;
- K-3 Marriage Visas;
- Form I-130, Petition for Alien Relative;
- Adjustment of Status to obtain a Green Card;
- Immigrant Visas obtained through consular processing;
- Waivers based on a qualifying US citizen or LPR Spouse.
Gay and lesbian couples may now seek protection against deportation in removal proceedings and may apply for certain forms of relief such as:
- Cancellation of removal;
- Adjustment of Status in proceedings;
- I-212(h) waiver.
Gay and lesbian couples may now accompany a spouse who is able to obtain an employment-based visa, such as:
- H-4 visa for the spouse who holds an H-1B Specialty Occupation visa;
- L-2 visa for a spouse who holds an L-1 Intracompany Transferee visa;
- E-2 visa for a spouse who holds an E-2 treaty trader or treaty investor visa;
- R-1 visa to accompany the spouse of a religious visa holder;
- Green-card benefits for spouses of EB-5 investors.
Why Choose ImmigrateFast
Why Hire ImmigrateFast?
We have outstanding immigration attorneys. Not only are we experienced and knowledgeable, we are passionate about protecting the rights of immigrants and the LGBT community.
Immigration law is one of the most complex areas of law. Having Higbee & Associates represent you will ensure that your case is handled correctly. Anyone can fill out forms; very few are able to correctly analyze an immigration case. Mistakes can be very costly – you may lose time, money, and the opportunity to live securely with your family.
Our attorneys are completely dedicated to the filed of immigration, and that has enabled us to become experts. In fact, we have a reputation for successfully handling very complex cases. We have been successful in thousands of cases and have earned an "A" with the Better Business Bureau.
Some other notable reasons are:
Value. We believe all individuals and companies deserve to receive high-quality representation at an affordable cost. We offer flat-fee pricing with no hidden fees. At Higbee,& Associates you will never be surprised when you see your bill.
Technology. We use the latest legal technologies and resources. We have access to the latest decisions and have connections to industry experts. Furthermore, we have a comprehensive online database where clients can log in to access information on their case detailing every step taken. With Higbee & Associates, you will never be left wondering, “What is my attorney doing?”
Personal Service. We take our clients seriously. We listen to their concerns and advise them accordingly. We answer phone calls and emails promptly. We treat our clients with the highest level of respect and professionalism.
Hire us, and we will get it right the first time!
- Top-Rated Attorneys
- Flat-Fee Pricing
- Flexible Interest-Free Payment Plans
- Case Status 24/7
- Committed To Your Success
Money Back Guarantee
*Our law firm offers a money back guarantee for K-1 visas, Adjustment of Status and Consular Processing as long as you answered all questions honestly, and no information is withheld regarding criminal, immigration or medical history. You must have complied with government requests for evidence to qualify. This guarantee does not apply to government filing fees.
It is important to understand that immigration law is discretionary, and immigration officers do have the power to deny any petition if they believe fraud is being committed. As a law firm, we are determined to submit complete and accurate immigration packets to make sure this does not happen. This is why we are glad to offer a money back guarantee as long as our clients comply with our requests for truthful information and supporting documentation.
|Immigration Benefits for Same-Sex Couples||Our Law Firm||Typical Law Firm|
|Includes Full Representation||Yes||No|
|Zero Interest Payment Plans||Yes||No|
|24-Hour Case Status Updates||Yes||No|
|Specialize in Immigration||Yes||No|
|Award-Winning Customer Service||Yes||No|
* Price above reflects processing of K-1 fiancé visas. If your spouse is eligible for adjustment of status, the attorney fees are $2500. If your spouse is outside of the United states and is eligible for an immigrant visa, the attorney fee is $3000.
Frequently Asked Questions
Which states recognize same-sex marriages?
Same-sex marriage was established in all 50 states as a result of the ruling of the Supreme Court of the United States in the landmark civil rights case of Obergefell v. Hodges, in which it was held that the right of same-sex couples to marry on the same terms and conditions as opposite-sex couples, with all the accompanying rights and responsibilities, is guaranteed by both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution.
Do I need to be a resident of a state to get married in that State?
Are you able to help clients nationwide?
Absolutely. Higbee & Associates specializes in serving clients nationwide and worldwide. We have state-of-the-art technology allowing us to effectively communicate and keep our clients informed of every step taken with their case. Our clients are able to log-in to our website and view real-time case status updates, complete questionnaires, check off documents that have been submitted, and view notes made by their attorneys. Our clients love that they are able to see what steps have been taken with regards to their case and any future steps necessary for completion. We also regularly Skype with our clients who may want a face-to-face meeting who otherwise do not have the time to visit one of our offices. At Higbee & Associates we are able to do things differently - which our clients appreciate.
What documents do I need to get married?
In most states, both parties must appear in person and bring valid picture identification to the County Clerk’s Office to apply for a marriage license. Valid picture identification is one that contains a photograph, date of birth, and an issue and expiration date. Some states and counties may also require a copy of your birth certificate. If you have previously been married you will need to know the date your last marriage ended and how it ended. You may also be required to present a final judgment of the dissolution.
I have a civil union from another state. Can I still get married in a state that recognizes same-sex marriage?
Yes, as long as you are marrying the same person. If you are marrying a different person, you will need proof that your civil union ended (i.e. death, dissolution, divorce, or nullity).
I am in a State Registered Domestic Partnership. Can I still get married in a state that recognizes same-sex marriage?
Yes, as long as you are marrying the same person with whom you are registered as a Domestic Partner. If you are marrying a different person, you will need proof that your domestic partnership ended (i.e. death, dissolution, divorce, or nullity).
Will immigration benefits be given to those who hold civil unions or domestic partnerships?
No. Those who hold civil unions or domestic partnerships must legally get married in a state that allows same-sex marriage. Only then will the federal government recognize the marriage.
I married my partner abroad in a country that recognizes same-sex marriage. Will the United States recognize that marriage for immigration purposes?
Yes, as long as you are legally married in a country that recognizes same-sex marriage. The new Supreme Court ruling has allowed the federal government to treat all marriages equally. Since immigration is governed by federal law, immigration benefits will now be given to same-sex couples, no matter where you reside.
How do I know if I qualify for immigration benefits?
Immigration law still remains one of the most complex areas of law. Determining eligibility depends on many factors, such as your manner of entry into the United States, any past immigration history, past criminal history, and the length of stay in the U.S. The firm of Higbee & Associates has created a state-of the art eligibility test to determine all the immigration benefits you may be eligible for. To find out your eligibility, you may submit an inquiry through the “Contact Us” form on this page, or you may give us a call at (855) 519-3970.
Call (855) 519-3970 to get started with a FREE phone consultation!
Julia ThomeAssociate AttorneyJulia Thome is an associate in the Orange County office. Ms. Thome represents both individuals and employers throughout the United States and worldwide. Ms. Thome specializes in employment visas including H-1B, L-1, O-1, TN, and investor visas including E-2 and EB-5.
Mathew HigbeeAttorney at LawMathew Higbee utilizes his unique blend of legal and professional experience to deliver success for his clients. He has handled a wide-range of cases in both criminal and civil courts. He has served as a prosecutor and defense counsel. He is a frequent commentator and guest writer for various media.
We hired her firm over a year ago and after a long battle where she led us through all the hoops and many unforeseen obstacles. Many times we felt the difficulties, she never gave up on us and helped us through our hard time. Thank you and your firm for fighting for us and working so hard for making my dream of living in the US a reality.
Ms. Julia helped through the immigration process and she was highly professional and helpful through the entire process!
She is superbly efficient and professional. From beginning to end I have felt comfortable and secure in her judgment and I have nothing but praise and recommendation for her.
I have only been her client for a short time but she is very knowledgeable and responds to you in a timely manner. I would definitely recommend her to friends.
My wife is undergoing heart surgery, and due to the nature of my job I would be needing someone to take care my wife while I am under Military deployment. I talked to different lawyers but no one says that it is possible to bring my wife's niece from outside the US. Ms. Cueva however, made it possible to bring my wife's niece into the US as her caretaker for one year while I am overseas. She did so with a positive attitude and was very helpful in the process. Ms. Cueva was very kind and respectful and determined to get the job done.
The Best ever attorney I've ever known!! Highly recommendable!
Trustworthy and very professional. I can't say a word of expression!!
Great! Awesome! fast! fantastic. She will never let you down~~~
She is no. 1 of all Lawyers I spoke with.
Thank you so much!!
Excellent service provided by Julia for immigration related issue. She is very trustworthy and reliable. She makes sure that she spends enough time to understand your issue and will help without any other intention. She seems to be very experienced lawyer. Really amazed with the way she helped us and provided the best solution to us.