Homeland Security Chief Janet Napolitano
Binational couples may officially begin applying for green cards for the non-citizen spouse.
“After last week’s decision by the Supreme Court holding that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional, President Obama directed federal departments to ensure the decision and its implication for federal benefits for same-sex legally married couples are implemented swiftly and smoothly,” Secretary of Homeland Security Janet Napolitano said in a statement Monday.
“To that end, effective immediately, I have directed U.S. Citizenship and Immigration Services (USCIS) to review immigration visa petitions filed on behalf of a same-sex spouse in the same manner as those filed on behalf of an opposite-sex spouse,” she said.
The Immigration and Naturalization Service has already begun processing paperwork. A Fort Lauderdale couple was the first to have their I-130 application approved, according to the Washington Blade.
The I-130 recognizes the U.S. citizen as the legal spouse. The non-citizen then files an I-485 to apply for a green card based on spousal recognition. Approval for a green card takes six to nine moths. During that time, the couple must prove their marriage is valid.
Ken Upton, Lambda Legal supervising senior staff attorney, warned those who apply to have a valid visa. He said a spouse without legal status is doing nothing more than tipping off the government they are not in the country legally, possibly triggering a deportation process.
Upton also warned against sham marriages to help someone obtain a green card. He called the inspection process thorough and said anyone applying for a green card must show joint finances, cohabitation and even pictures proving they are a couple.
If the government finds that the application is fraudulent, the non-citizen may be deported and the citizen could be charged with a felony for trying to defraud the government.
For those who have been married and living together, Upton said a variety of evidence will help prove the marriage is valid. A couple taking advantage of domestic partner benefits at work, employers who attest to the fact that they are a couple, friends who have known the couple for years all help in the application process.
Upton said for immigration purposes, the more out the couple is in all areas of their life, the easier the process will be.
