How New US Laws Make Same-Sex Relationship Immigration Possible for Australians with American Partners


Recently, the Supreme Court of the United States legalised same sex marriage. If you are an Australian in a same sex relationship with an American, this ruling is good news for you in terms of immigration possibilities. Now, for perhaps the first time, you can now migrate to America with your partner.

Here's what you need to know first:

1. You have to get married

Under American law, if a same sex couple gets married, the partner from another country can apply for a green card. The green card allows this individual to live and work in the country, and after a couple years, the immigrant's status is changed to legal permanent resident, meaning you can stay in the country even after a divorce.

However, you have to be married. In Australia, you can work through immigration based on having a de facto relationship. However, for the purposes of American immigration, you have to get married. You will need to visit America for the wedding or get married in any other country that recognises same sex marriage.

2. You need a fiance visa

However, you cannot just fly to the United States and get married. When you enter the country as an Australian citizen, you will be asked why you are visiting. If you declare that you are entering the country with the intention of marrying an American, you may be turned away at the border, and technically, you are not supposed to get married while on a tourist visa.

Instead, you need to take the steps to enter the United States on a fiance visa. Migration consultants like Fisa Pty Ltd can help you apply for this visa while you are in Australia. Once you have it, then you can travel to the United States, get married and move through the rest of the process.

3. You need to earn a certain amount of money

Unfortunately, whether you are a same or opposite sex couple, love is not enough to seal the immigration process. In order to get approved for your American marriage visa, your partner has to earn a certain amount of money.

Essentially, your future spouse is going to sponsor you, and if he or she doesn't earn enough money, you will need to find another American to be your financial sponsor. They don't have to actually give you cash, they simply have to vouch for you and assure the government that you will not be applying for financial assistance.

If all of your shared assets are tied up in Australia and you don't have any American income to show, you can work with a migration consultant in Australia who will show you and your American partner how to create the records you need to prove financial independence to the American immigration authorities.


8 July 2015

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