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What the Supreme Court Ruling on Same­-Sex Marriage Means for Immigrant Couples

June 30, 2015

On June 26, 2015, the federal Supreme Court struck down section three of the Defense of Marriage Act (DOMA), wherein same­-sex couples were denied the rights and protections opposite couples were  provided. The historic United States v. Windsor Supreme Court case ruling means significant changes for same­-sex immigrant couples who wish to receive access to these beneficial provisions.

 

Under the new law, immigration authorities must treat same-­sex immigrants the same as opposite­-sex couples, which means US citizens who wish to invite their same-­sex partner to the United States with a verified marriage visa now have the opportunity to do so. Of course, couples will still be required to prove that their relationship is legitimate, by providing documentation that evidences that the couple lives together, has commingled their financial assets and is building a life together.

 

Additionally, couples who reside outside of the United States, and enjoy the legal blessing of any of the 17 countries where same=­sex marriage is now legal, can now apply for a fiancé visa with the US. The individual who is a citizen of a foreign nation can now come to the US with the visa if they can provide evidence they plan to marry their partner within 90 days of arriving in the United States.

 

In accordance with this new same-­sex marriage law, immigrants can also enjoy a host of new insurance, banking and investment opportunities. These benefits include:

 

• Life Insurance benefits for same­-sex married couples and their children;

• Family insurance discounts and plans for dental and health insurance for same-­sex

married couples and their children; and

• Retirement benefits for same­-sex married couples.

 

As a result, same­-sex couples can more easily obtain documents that prove that their relationship is bona fide and not only for the purpose of circumventing immigration laws. This ruling is significant news for same-­sex immigrant couples.

 

Call Immigration Lawyers USA, LLC at 305-501-0783 for your immigration matters

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