LGBTQ Fiancé(e) Visas & LGBT Immigration
LGBTQ Fiancé(e) Visas
Lim Law – Orlando LGBTQ Immigration Attorney
K-1 Visas for Same-Sex Spouses and 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 Supreme Court struck down the Defense of Marriage Act (DOMA), questions remained about how same-sex couples would be affected by immigration laws. This especially concerned spouses where one partner was a U.S. citizen, while the other remained in another country. Often, children of either partner were affected by such situations.
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 binational relationship, the K-1 visa is an available option. The purpose of the K-1 visa is to show that the couple intends to get married, and that the undocumented immigrant will become a permanent resident of the U.S.
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.
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 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.
A qualified immigration attorney can help you and your partner understand and work through this complex application process. Attorney Henry Lim of Lim Law understands immigration and nationality law, and supports immigration reform and equality for all partnerships. He 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.
Immigration Forms for K-1 visa applications
NOTE: 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.