Rush, CO Immigration Law Firms & Lawyers

Probably not. The fact that your husband is not your children's biological father should not matter. With that being said, please remember that the issuance of a visa is discretionary and a consulate can deny the visa for any number of reasons.

Your partner’s difficulty is that if he resided in the U. S. illegally for 7 years, he is subject to a 10 year bar for the illegal stay. He would require a waiver based upon extreme hardship to you if the waiver was not granted. My advice would be for you to be married in another country where gay marriage is legal and then for you to apply for him on form I-130 for an immigration visa. At interview, he would be denied and instructed that he could file the waiver application. Assuming that the waiver application is approved, he would enter the U. S. as a conditional permanent resident or permanent resident dependent upon the length of your marriage by the date of his entry.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.