LGBT Immigration

Orlando LGBT Immigration Lawyers

K-1 Visas for Same-Sex Spouses & LGBTQ Immigration Issues

If you are a U.S. citizen in a same-sex, bi-national relationship, the K-1 Visa for your Fiancé/Fiancée may be 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.

Once 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. 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.

If you are in a same-sex relationship with an immigrant, our experienced LGBT immigration attorneys in Orlando and Maitland can help them obtain residency. Call (407) 512-9919 today.

How the K-1 Visa Works

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:

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

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.

Contact a Legal Team You Can Count On

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.

If you have questions about marriage visas or any other immigration law issues, contact our Orlando Immigration attorneys to schedule a consultation, or call our office at (407) 512-9919.


  • Henry  Lim, Esq. Photo
    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.
  • Rafael  Ortiz-Segura Photo
    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.
  • Henye S. Perez Photo
    Henye S. Perez


    Henye S. Perez has handled a multitude of cases involving complex immigration matters, ranging fro visa petitions to defending immigrants in removal proceedings. He has advocated for clients before U. S. Citizenship & Immigration Services, U.S. Immigration Customs & Enforcement, and the Executive Office of Immigration Review in immigration court. Mr. Perez graduated from the University of Central Florida with a Bachelor of Arts in Political Science in 2010. He then continued his studies at ...
  • Michelle  Villagran Photo
    Michelle Villagran


    Michelle Villagran joined the Lim Law, P.A. 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. Ms. Villagran graduated from the University of Central Florida in 2010, where she received a bachelor's degree in Business Management. She later graduated from the Barry University Dwayne O. Andreas School of Law. During her law school career, Ms. Villagran participated in the ...


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