Frequently Asked Questions
Which countries allow same-sex marriages?
Argentina, Belgium, Canada, Denmark, France, Iceland, Netherlands, New Zealand (starting August 19, 2013), Norway, Portugal, South Africa, Spain, Sweden, Uruguay (starting August 1, 2013), as well as certain jurisdictions in Brazil and Mexico.
Do I need to be a resident of a state to get married in that State?
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).
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.
Is same-sex marriage legal in the state of California?
Yes. Marriages that occurred before Proposition 8 are valid. California first began issuing marriage licenses to same-sex couples on June 16, 2008. The issuance of those licenses was halted on November 5, 2008 due to the passage of Proposition 8, a state constitutional amendment barring same-sex marriages. On June 27, 2013, the granting of same-sex marriages recommenced after the United States Supreme Court decision in Hollingsworth v. Perry declaring Proposition 8 as unconstitutional.
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.
Which states recognize same-sex marriages?
California, Connecticut, Delaware, District of Columbia, Iowa, Maine, Maryland, Massachusetts, Minnesota (starting August 1, 2013), New Hampshire, New York, Rhode Island (starting August 1, 2013), Vermont, Washington State.
Are you able to help clients nationwide?
Absolutely. Cueva & Higbee 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 Cueva & Higbee we are able to do things differently - which our clients appreciate.
How do I know if I qualify for immigration benefits?
Immigration law sill 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 Cueva & Higbee 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 begin a self-test on our website or you may give us a call.
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.
I married in a state where same-sex unions are allowed. However, I have moved to a state that does not recognize same-sex marriages. Can we still apply for immigration benefits?
Yes, as long as you are legally married in a state 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.
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.