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Can a Child of Same-sex Spouses Be Included in a Petition?

Can a Child of Same-sex Spouses Be Included in a Petition?

  • By Ryan Barshop

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LGBT or Same-sex spouses of American citizens and green card holders also known as Lawful Permanent Residents (LPRs), together with their minor children, are now entitled to the same immigration benefits as opposite-sex partners.

Once an approved l-130 or l-140 petition is received from the USCIS, a consular officer at a US Embassy will examine the immigrant visa application of same-sex spouses.

Dependents of LGBT Spouses

Can the children of foreign Same-sex spouse be Included in the petition?

Yes. The children of an alien same-sex spouse can be classified as step-children of the US citizen petitioner and for that reason they can acquire benefits from a petition filed on their behalf under IR2 category.
Step-children can also be qualified as beneficiaries in F2A category or for derivative status under F3, F4, E1-E4, or DV. Marriage of same-sex couples must take place before the children reach 18.
US Visa Lawyer in Manila

If your same-sex partner or fiancee needs an assistance of a US visa lawyer in Manila or any part of the Philippines, you may speak to our Makati-based US immigration lawyer or use the contact form on the right.

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