Can my fiancée bring her/his children to the United States? Once here, and we’re married, can my same sex spouse bring his/her children to the United States?

Yes.

Now that the Defense of Marriage Act (DOMA) has been declared unconstitutional by the U.S. Supreme Court on June 26, 2013, you may bring your same sex partner to the United States as a fiancée, same as any heterosexual couple, under the new ruling which has held that DOMA which defined marriage as the union between one man and one woman, is unconstitutional as violative of equal protection under the 14th Amendment to the U.S. Constitution, which incorporates the provisions of the 5th Amendment to the U.S. Constitution, which makes it illegal for the U.S. government to discriminate against same sex couples, under equal protection theory, and now gives same sex couples the same federal right to marry and to sponsor their same sex partner as a fiancée, and later as a spouse for federal immigration benefits of lawful residence and U.S. citizenship.

If your fiancée or spouse has children s/he may bring them to the United States as part of the K visa application process or later as part of the lawful permanent resident process, but the children must be unmarried and under the age of 21, at the time the visa for a fiancée is issued or at the time the application for permanent residence of the child is approved. Separate applications must be made for each child. When you marry your fiancée, her/his child becomes your “child” for immigration purposes(please note, this is NOT equivalent to nor does it have the effect of an adoption!) and you may sponsor his/her children who are unmarried and under the age of 21 at the time of approval of the application, either through the K Visa process or as part of the application for permanent residence or thereafter, if the children come to the United States after your spouse comes to the United States and obtains lawful residence.

There are complex rules for bringing children of fiancées to the United States, and equally complex rules for those of children of lawful permanent residents

 

Please call (877) 745-8341 to schedule an appointment with Attorney Daniel Pell for FREE CONSULTATION.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 

Same-Sex Immigration and Children of a Fiancee or Spouse