Sundown, TX Immigration Law Firms & Lawyers

Current U.S. federal immigration laws do NOT recognize same-gender marriages as a basis for adjustment of status. My crystal ball says change in the law is on the horizon, but is likely to take not only a re-election of President Obama, but most likely several years of political efforts as well as appellate legal challenges. Those legal challenges may best be brought outside of the context of immigration, such as in seeking U.S. federal government recognition of same-gender marriages for military-related benefits or for cemetery burial benefits.

Assuming you are a US citizen, you can now submit a separate petition for each member of your family (parents and siblings). At this early stage of the process, your income is not yet relevant when it comes to getting the petition approved. However, you will need to submit your financial information and documents to the NVC after they receive the approved petitions from USCIS. It takes approximately 1 year to process your mother's paperwork before she will be interviewed at the US consulate. As for your siblings, they must wait for the availability of limited visa numbers before their own process can be completed. It's currently taking about 12 years from the date the petition is filed before a visa number will become available. If your income is insufficient to sponsor your mother or sister when the time comes, you can recruit up to 2 more joint sponsors to meet the requirement.

The validity of your visa has no effect on your eligibility to get married. You should wait until your divorce in the Philippines is finalized before getting married to your American fiance. After your marriage, your husband can petition for you to come live in the US as his spouse. The petition is filed on form I-130.