Monday, August 12, 2013

Same Sex Marriage Visas for USA

If you live in Las Vegas or Henderson, Nevada you may have questions concerning same sex marriage visas for USA application of a non-citizen?

James M Davis Law Office
Same Sex Marriage Know Your Rights

Same sex marriage is not legal

in the state of Nevada

Many LGBT couples residing in Nevada find themselves facing those questions since the Supreme Court overturned section 3 of the discriminatory Defense of Marriage Act in June of this year.

Secretary of State, John Kerry just announced the U.S. Department is considering visa applications from same sex marriage couples legally married. Spouses of U.S. citizens and Non-U.S. citizens application for visa will be treated the same as heterosexual married couples. If a person is in a country that doesn’t recognize same sex marriage, their visa application will still be treated equally at all 222 visa-processing centers around the world.

John Kerry said, "Effective immediately, when same-sex spouses apply for a visa, the Department of State will consider that application in the same manner that it considers the application of opposite-sex spouses," Kerry said.

"As long as a marriage has been performed in a jurisdiction that recognizes it, so that it is legal, then that marriage is valid under U.S. immigration laws and every married couple will be treated exactly the same," he said.

If you are legally married in one of the thirteen states that allow same sex marriage your spouses’ visa application will be treated as any other married couple. Those states include: California, Connecticut, Delaware, Iowa, Main, Maryland, Massachusetts, Minnesota, New Hampshire, New York, Rhode Island, Vermont, Washington, District of Columbia and five Native American Tribes.

Same sex Marriage Visas for USA Questions

  •  But what if I live in a state like Nevada that does not allow same sex marriage?
  • What if I visit another state and get married?
  • What if my partner is an undocumented American?
  • Do my partner and I qualify to file a visa application?

Do you have questions concerning DOMA

Get the right answers to your legal questions concerning same-sex marriage, LGBT Wills & Trusts, Nevada Domestic Partnerships and DOMA. Email me with your questions or please call 702-478-8877 to speak with a Las Vegas Lawyer at James M. Davis Law Office.

Thursday, August 8, 2013

Family Law and DOMA

James M Davis Law Office
Las Vegas Federal Employees and retirees in legal same-sex marriages may now cover their spouses and children under the federal employee insurance programs that will include health insurance. This is in addition to providing survivor benefits that was previously announced after the Supreme Court struck down DOMA, The Defense of Marriage Act in June.

Same Sex Marriage in Las Vegas Nevada

James M Davis Law OfficeSame sex marriage is not legal in the state of Nevada however the new policy is not based on residency but rather recognizing that the couple is legally married. Since Las Vegas is the home of Nellis A.F.B this decision will affect many Las Vegas LGBT federal employees and their families. Same sex married couples who are federally employed will have two (2) years after the Supreme Court decision to provide notice to OPM to elect survivor annuities for their spouses.

Federal employees can now extend benefits to their same-sex spouse or children who are legally married in one of the thirteen states that allow same sex marriage. This decision will now extend benefits and is regardless of the employees’ annuitants’ and states of residency according to a notice by the Office of Personal Management Office (OMP) the Civil Service Retirement System and Federal Employees Retirement System.

Survivor benefit options allows the surviving spouse to receive a monthly benefit of up to half of the federal retiree benefit earned by the federal employee for their service after retirement.

James M Davis Law Office
OPM is warning employees that the election of survivor annuity benefits or signed written elections of survivor benefits is irrevocable and will require a reduction of their annuity. Request should be accompanied with a copy of the marriage certificate.

Confused about what your same sex marriage or domestic partnership legal rights are after DOMA? Contact James M. Davis Law Office for a consultation and protect your family. Get the legal facts about LGBT Will & Trusts and LGBT Tax rights. Email our office at or call 702-0478-8877 to speak with a Las Vegas Attorney at 702-478-8877.

Monday, August 5, 2013

What is Family Court

James M Davis Law Office Family Law

Family Court in Las Vegas is overseen by twenty elected judges and part of the Eighth Judicial District Court.  The Family Court is a specialized court for the purpose of resolving legal issues concerning family law.


If you find yourself in need of divorce, child custody, visitation rights, child support, name change, adoption, spousal support, community property issues, or guardianships your case will be heard at the Family Court Division.  The Family Court is also responsible for issuing Temporary Protection Orders when protection is needed from a family member.


James M Davis Law
The Family Court House in Las Vegas is located at 601 N PecosRoad. Parking is in the front of the building, with the entrances on Pecos.  Parking can be a bear so be sure to give yourself plenty of time before your hearing.  Three (3) of our Family Court Judges have their courtrooms in the Regional Justice Center.  Check with your attorney or the court to be sure you go to the correct building.


Upon entering family court all persons will be guided through a detector, no guns or knives are permitted in family court.  Family Courtroom numbers are clearly marked but the numbers do not correspond with the assigned Department, check with your attorney or the information to locate the correct court room.  Once you find the correct court room be seated in the waiting area until your attorney greets you or you are called into session by the Marshall.


Family Court Room is similar to any Court Room where as there is a judge, Marshall and Court Clerk.  Your attorney will direct you and your witnesses where to sit once your case has been called into the Court Room.


James M Davis Law OfficeDRESS CODE

Dress accordingly by not wearing T-shirts, sleeveless shirts, tank tops, or shorts; you do not have to wear a suit but you should attempt to look your best out of respect for the court; always remove your hat and/or sunglasses in the Court Room.


It is important that everyone in the Family Court Room remain silent during the proceedings, no whispering or talking and we recommend no magazines or newspapers be taken inside. Family Court Room does not allow mobile phones, cameras or electronic devices; do not just silence them, turn them off. Most Family Court Judges will not tolerate interruptions of proceedings and may either take your phone or remove you from the Court Room.


Children are permitted in the Court House; however, it is not recommended.  Children are never permitted in the Court Room, without the consent of the Judge.  If you must bring children bring a family member or friend to watch the children in the waiting area. Children must remain seated and quiet during the proceedings so to keep them occupied quietly. If the child is disruptive you may be asked to remove them from the building.

James M Davis LawFor more information on What is Family Court or if you find yourself in need of Family Court for Divorce, Child Custody, Child Support, Alimony, Adoption, Name Change, Child Visitation Rights please email or call 702-478-8877 to speak with a Family Law Attorney.