Rome District Chapter
Practice Advisory
October 6, 2013

The American Embassy in London held an information session on visas for same-sex spouses on September 25, 2013. The meeting was led by David C. Stewart, Minister Counselor for
Consular Affairs.

The following is a list of key points that arose from that meeting:

 When same-sex spouses apply for a visa, DOS will consider that application in the same manner that it will consider the application of opposite-sex spouses. The video announcement of this by John Kerry was screened and it's here:

http://www.state.gov/secretary/remarks/2013/08/212643.htm

 All visa applications will be treated equally across the board, no matter if you are the foreign national or the US citizen/petitioner.

 If a person is processing in a country that doesn’t recognize the same-sex marriage, then the visa application will still be treated equally.

 The marriage must have taken place in a jurisdiction where the same-sex marriage is recognized. A marriage certificate must be provided for an application. A civil partnership would not be akin to a marriage for the purposes
of US immigration.

 The K-1 visa is now a possibility for same-sex partners and this is just an example of how the law is being applied equally.

 The London USCIS unit was dealing with about twenty I-130 petitions filed by same-sex couples last week.

 IR-2 scenarios - when there are children involved - the 2 year residency requirement, prior to making an I-130 application, was confirmed.

This is an unofficial practice advisory. The information has not been reviewed or approved by the US Embassy London.