Complicated question

[CabooseNJ]

ok first here are the facts. I'm an american citizen born and raised. I'm in a same-sex partnership with a british citizen and we were looking to get married in the uk later this year. I'm not moving there because I have a full time job and school here. She's not moving here because she also has school in the uk and also legally under US law I cant sponsor her yet because the marriage isnt recognised. Unless UAFA passes this year, then it wont be a problem. We both have 2 more years left of school, then she is coming here for her masters degree.

Now my question is, lets say hypothetically we are a heterosexual couple. We've been married for 2 years and then she comes here to go to school. after 2 years of being married, even though she hasnt lived here, can I sponsor her to stay in the country or would she have to get a student visa? If I can sponsor her, what forms need to be filled out and what proof needs to be given to show we've known eachother for 4 years and been married for 2?

I dont want to hear anything about same sex couples and it not being recognized because that has nothing to do with my question. Pretend we are a man and a woman. What is the protocol for an american who married a british citizen, for valid reasons they remained in their own countries for 2 years, then the american wanted to bring the british spouse over to the US? Any information you have would be very helpful.

 

[LucyMO]

well, in that case the couple would still have a choice: the foreign person could either try to get an non-immigrant visa (for example, a student visa) or an immigrant visa.
In some cases it would be difficult to get a non-immigrant visa being married to a USC. That's because it would be more difficult to prove non-immigrant intent. So, the natural choice would then be an immigrant visa. You file I-130 with all the supporting documentation at the USCIS, it gets approved, forwarded to National Visa Center, some more paperwork, interview at the consulate and, if successful, an immigrant visa. Everything usually takes about a year.