QUESTION
Can I fill on I 130 that my brother is married and can be eligible to bring his partner to USA?
Asked on Jul 29th, 2013 on Immigration - Texas
More details to this question:
I am a US citizen, and I am petitioning for my brother. He have same-sex married partner legally.
4 ANSWERS
Yes, but it will be about 10-12 years before a visa would be available for a sibling of a US citizen and if your brother is already in the US, he would have to be in the US in lawful status throughout that entire time, as would his partner, in order to avail himself and his partner of the visa when the priority date becomes current.
Answered on Jul 31st, 2013 at 12:22 AM
Intellectual Property Attorney serving Menlo Park, CA
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Sheppard Mullin
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This will be treated as the same as opposite sex marriage. When the visa number is current, follow the NVC procedure and get interview at the consulate together.
Answered on Jul 31st, 2013 at 12:22 AM
Immigration Attorney serving Downey, CA
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Herrera & Juelle LLP
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Yes, as long as the place where they got married recognizes same sex marriages.
Answered on Jul 31st, 2013 at 12:22 AM
Yes. Immigration will now treat same-sex marriages the same as traditional marriages. So, as long as the marriage was valid where it took place, then your brother's partner can be listed as his spouse on the I-130.
Answered on Jul 30th, 2013 at 2:21 PM