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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 108637
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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My son was born an American citizen. He met his partner 7 years

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My son was born an American citizen. He met his partner 7 years ago in Australia. They would like to go to IOWA for a same sex marriage. Would that be possible since his partner does not have American citizenship?
Hello and thank you for using our service. My name isXXXXX and I am a licensed attorney and will try my best to help you. Believe me that I will try my best to give you a solution if one exists, but sometimes the law does not have a good one.

Yes, it is possible, but he has to be careful. He is not supposed to use an ESTA Visa Waiver to enter the U.S. if his intention is to stay. IF he can get in without lying about his intention (they may not even ask him anything), then he should wait around 60 days before getting married and then he can file all the paperwork to become a U.S. Lawful Permanent Resident without having to leave the U.S.

The "correct" way would be to do a K-1 fiance visa or a K-3 or CR-1 visa if your son were to go to him and marry. Here is a link:

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