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Same-Sex Marriage Immigration Implications

Alabama was the latest state to permit same sex marriage in the United States. Shortly, every state in the Union will permit same sex marriage. Now, gay couples will have the same rights and responsibilities heterosexual couples have enjoyed.

These same rights and responsibilities include a spouse’s ability to sponsor a spouse to become a lawful permanent resident and to include the spouse’s children, if applicable.

In the case of a same sex couple who are not yet married but engaged, the United States Citizen spouse is able to file for a fiance visa to bring the fiance to the United States, get married and then apply for the spouse’s lawful permanent residence.

Any of the family based immigration visas are now available to same sex couples. Further, employment based visas that permit the inclusion of the spouse and children are also available to same sex couples. Thus businesses as well as families are effected and can reap the benefits of the legalization of same sex marriage in the United States.


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Pennsylvania grants a fault divorce if a spouse deserts without reasonable cause for one or more years, commits adultery, endangers the life of his or her partner or subjects a partner to cruel or barbarous treatment, was already married to someone else (bigamy) when he or she married, was sentenced to jail for longer than two years, or has made the conditions intolerable or life burdensome.
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