LGBT Immigration

Orlando LGBT Immigration Lawyers

K-1 Visas for Same-Sex Couples and Other LGBTQ Immigration Matters

If you are a U.S. citizen in a same-sex, bi-national relationship, the K-1 Visa for your Fiancé/Fiancée is an option. After the Supreme Court struck down the Defense of Marriage Act (DOMA), questions remained about how same-sex couples would be affected by immigration laws. This was an issue in situations where one partner was a U.S. citizen, while the other remained in another country. Often, children of either partner were affected.

When the third section of DOMA was removed, same-sex couples and their children became eligible to receive the same immigration benefits as opposite-sex couples.

Today, if a U.S. citizen is in a same-sex and bi-national relationship, the K-1 visa is an available option for same sex couples. The purpose of the K-1 visa is to show the couple's intention to get married and the undocumented immigrant will become a permanent resident of the U.S.

Our LGBT immigration attorneys in Orlando can help your partner obtain residency. Call (407) 512-9919.
We speak English, Spanish, French, Mandarin, and Cantonese.

How the K-1 Visa Works for Same Sex Couples

The K-1 nonimmigrant visa permits the foreign-citizen fiancé(e) to enter the United States in order to marry his or her U.S. citizen fiancé(e). Both partners must be legally free to marry both at and after the time when the petition was filed. The marriage must also be legal in the U.S. state in which the marriage will take place, and the foreign-citizen fiancée and his or her U.S. citizen sponsor must have met in person within the past two years.

Note: USCIS recognizes there may be cultural or other barriers to this requirement, and an exception may be granted.

Immigration Forms for K-1 visa applications:

Form 129F, Petition for Alien Fiancée
Form DS-160, Nonimmigrant Visa Application
Form I-134, Affidavit of Support
Form I-864, Affidavit of Support Under Section 213A of the Act

This is not necessarily an exhaustive list of forms, and not all forms may be required for every applicant. Consult an Orlando same sex attorney for counsel specific to your circumstances.

K-1 Visa Process

The U.S. citizen sponsor must file Form 129F, Petition for Alien Fiancé(e). Once approved by USCIS, the foreign-citizen fiancé(e) completes Form DS-160, Nonimmigrant Visa Application and other necessary documentation in preparation for his or her interview at a U.S. Embassy or Consulate. This information will include evidence of a relationship with the U.S. citizen sponsor as well as other requirements of an immigration visa. An affidavit of financial support may also be required.

Eligible children of K-1 visa applicants may apply for K-2 visas.

Can Same Sex Couples Obtain Citizenship?

Same sex couples can apply for citizenship through naturalization and similar to opposite-sex marriages, the residence period may be reduced. Naturalization typically requires 5 years of residence in the U.S. after being admitted as a lawful permanent resident, however, for married coupes the required residence period is only 3 years. During the 3-year period, you must have been been living together in "marital union" with your spouse who is a U.S. citizen.

Choose Same Sex Lawyers in Orlando You Can Trust

A qualified immigration attorney can help you and your partner understand and work through this complex application process. Attorney Henry Lim and his team at Lim Law, P.A. understand immigration and nationality law and support immigration reform and equality for all partnerships. Attorney Lim is proud to be an advocate and a supporter of the LGBT community, standing alongside MBA Orlando and Central Florida’s LGBT Chamber of Commerce as an allied LGBT immigration attorney.

Related Videos

To discuss fiancé(e) or marriage visas, call our same sex immigration lawyer in Orlando for a consultation. Contact us online or call (407) 512-9919.

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Attorneys

Henry Lim, Esq.
Founding Attorney

Born in Nicaragua, Orlando immigration lawyer Henry Lim knows the immigrant experience firsthand. He knows how stressful the process can be. Because of this, Henry knows the value of an aggressive immigration attorney. He uses his skill and insight to work for you.

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Rafael Ortiz-Segura
Of Counsel

With 23 years of experience on the bench, former Immigration Judge Rafael Ortiz-Segura brings a unique perspective and a wealth of knowledge to Lim Law, P.A. His time in Orlando immigration court makes him one of the most experienced professionals in immigration in all of Central Florida. Most immigration lawyers in Orlando have argued cases before him.

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Henye S. Perez
Partner

Henye S. Perez is the Senior Associate Attorney at Lim Law, P.A. Focusing on Immigration and Nationality Law, Attorney Perez has handled a multitude of cases involving complex immigration matters, ranging from visa petitions to defending immigrants in removal proceedings. He has successfully advocated for clients before U. S. Citizenship & Immigration Services, U.S. Immigration Customs & Enforcement, the Executive Office of Immigration Review and the 11th Circuit Court of Appeals. Graduating ...

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Michelle Villagran
Attorney

Michelle Villagran joined the Lim Law team in 2017. As the daughter of immigrants from Mexico, she has a personal understanding of the struggles individuals endure while navigating the American immigration system. Michelle graduated from the University of Central Florida in 2010, where she received a Bachelor’s degree in Business Management. She later graduated from Barry University Dwayne O. Andreas School of Law. During her law school career, Michelle participated in the Barry Law Immigration ...

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Rachel Krewson
Attorney

Rachel has been with Lim Law, P.A. since September 2019. Her passion for the law began when she was a child and her parents joke that they knew she would be a lawyer when they discovered her making her sisters sign contracts to commit to promises they made. She began her legal career more than 20 years ago as a receptionist in a small law firm before becoming a paralegal and ultimately going to law school. Rachel graduated from Barry University School of Law in May 2014 and has been practicing ...

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Daniel Teyssier
Paralegal

Daniel E. Teyssier has been with Lim Law, P.A. since March 2018, born in Mexico City. He has a history of 14 years formation and work experience in government agencies such as the Consulate of Mexico in Orlando and the Mission of Mexico to the United Nations in Geneva and Switzerland. He speaks English, Spanish and French, and has an extensive knowledge and experience working with the community. He has a great passion for sports and cars. The most important thing to him is family.

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Jiamin Liang
International Marketing

Jiamin is from Canton China, hometown of dim sum and many other delicious foods. As Director of Overseas Marketing for Lim Law, Jiamin coordinates all activities through our China branch in Guangzhou. This magnificent city is home to the Canton Tower and shares very similar weather to Orlando. Jiamin travels all year within China and oftentimes seeks business opportunities for the firm in other countries. At one point, she travelled to eleven cities in China all within six days! Jiamin enjoys ...

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Vanessa Vargas
Paralegal

Vanessa Vargas was born in Lima, Peru. She joined the Lim Law Team one year ago and believes it has been very rewarding opportunity. Immigration law is close to her heart because she underwent the process herself and is eager to help others in need. She is eagerly pursuing her bachelor’s degree with honors in Political Science at the University of Central Florida and will graduate one year earlier than anticipated. She hopes to become a successful Immigration Attorney one day. In her free time, ...

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Sheana Malavet
Paralegal

Sheana Malavet was born on a military base in Ceiba, Puerto Rico. She joined the Lim Law family as a Paralegal in February 2019, and she has an educational background in the legal field with degrees in Paralegal and Legal Studies. She has always wanted to be a member of the legal community. She is ambitious and goal oriented. She is passionate about advocating for human rights and aspires to run for congress sometime within the next few years. She loves logic and reasoning games. Her favorite ...

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Meybelin Barrera
Law Clerk

Meybelin Barrera was born in Queens, New York. She is the daughter of Colombian nationals whose immigration story has shaped her pursuit to serve the community. She received a Bachelor's degree with honors in Business & Information Management in addition to a certification and specialization in Financial Operations from Seminole State College. She joined the Lim Law team after working for the Legal Aid Society of the Orange County Bar Association in their Guardian ad Litem program, where she ...

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Viviana Roman
Legal Assistant

Viviana Roman was born in San Juan, Puerto Rico. She has one daughter, Annabelle, whom she loves to spend her afternoons rollerblading around the neighborhood. She joined the Lim Law, P.A. team over one year ago, and it was something very new for her. She was excited to take on this opportunity and is happy to help others everyday. She loves being part of the Lim Law team, and is excited for the future of our firm!

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Testimonials

Jose castillo
Un caso difícil
Rosa vieira
Abogado Henrry Liw abogada Michelle villa gran y abogada Karen Romero
Claudia
Excellent
Miguelina Mejia
Los mejores en casos migratorios!! 100% Recomendados
Keith Charles
Respectfully professional
Margarett G., via Facebook
Los recomiendo 100%.
Rosario L., via Facebook
En las Oficinas de Lim Law,P.A Usted encontrará a los mejores Abogados de Inmigración.
Lily G., via Google
Henye went the extra mile to explain things and answer all our questions.
Ariadna B., via Google
La atención hasta el momentp ha sido muy buena, están atentos al caso
Giuliana P., via Google
I truly recommend him to anyone trying to get their citizenship.
Julia B., via Facebook
el mejor abogado felicitaciones.
Julie D., via Google
Tienen la experiencia y la audacia para luchar por sus clientes.
Eduardo R., via Google
Overall fantastic service, very professional and I would recommend Lim Law to anyone needing immigration services.
Antonietta M., via Google
They were phenomenally awesome with great customer service and attention to detail to every concern or question you could have.
Elzem G., via Google
Gracias a Henry Lim Law, a el Sr Pedro, a la sra. Nancy, y a Hennie Pérez Law por su colaboración y ayuda siempre en todo momento.
Marita S., via Facebook
I’m such an extremely happy client and thrilled to now be living here in the States.
Robert A., via Google
I would highly recommend Lim & Associates to anyone.
Mareen E., via Facebook
They are wonderful. Great job!
Ana B., via Google
Henry and his staff are amazing and very well verse in immigration law.
Ady G., via Google
Muy prefecionales y siempre están para ti en las dudas o ayuda que tengas.
Diogenes Q., via Google
A fantastic lawyer and great staff.
Gerardo L., via Google
Excelente Profesional!
Billy D., via Facebook
I've been in law for over 15 years and never seen such an advocate of rights as Henry Lim.
Ismael R., via Facebook
Lim & Associates are great & honest people. They look for the best possible ways to help you & make everything much easier for you
Jennifer W., via Facebook
Henry is an asset to the community, he is a superior leader and mentor.
M.A., via Google
Exceptional customer service.
Giovanni C., via Google
Altamente recomendado para todas aquellas personas que buscan una respuesta a su situación migratoria.
Lu K., via Google
He was there through the whole process, provided detailed information about which documents my wife and I needed, what kind of photos and letters would be helpful, what kind of records and invoices we should have.
Debo, via Google
Get an attorney, get a good attorney, get Lim & Associates. Do it right the first time!
Marina D., via Google
Mr. Lim and all of his staff were extremely helpful and knowledgeable.
Fiyen E., via Facebook
El es uno de los abogados mas capacitado en asuntos de inmigracion.
Amy H., via Facebook
Su excelencia,capacidad y humanidad lo caracterizan.
Stefan M., via Facebook
If you are looking for someone who will handle your immigration issues with personal concern and a high degree of integrity, I would recommend this firm.
Martin L., via Google
His staff is very friendly and everyone there strives to make sure any question or concern you may have gets answered.
Lisa S., via Google
Mr. Lim was able to walk me through this very complicated process as easy as possible.
Rosario L., via Facebook
En las Oficinas de Lim Law,P.A Usted encontrará a los mejores Abogados de Inmigración.
Alba F., via Facebook
Reliable and trustworthy.
Margarett G., via Facebook
Los recomiendo 100%.
Ivette R., via Facebook
Excelente servicio muy profesionales contestan tus preguntas y te mantienen al tanto de cómo va tu caso.
Salvador S., via Facebook
Y la abogada Michelle excelente profesional .Dios los bendiga.
I'm very [pleased] w/the services I have got from Lim Law office.