two men wearing wedding rings

When you find the love of your life abroad and decide you want to spend the rest of your life with them, understanding the steps necessary to help them receive a visa to live with you in the United States is critical. Unfortunately, many are unfamiliar with whether or not this applies to same-sex couples. If this reflects your circumstances, you’ll want to keep reading to learn more about how this works and why you need the assistance of a New York City K-1 fiance visa lawyer.

Can My Same-Sex Partner Get a Visa?

If you are a United States citizen and you want to sponsor a visa for your fiance so you can get married, you may wonder if your sexuality prevents you from doing so. In previous years, only heterosexual marriages were eligible for immigration purposes. It’s critical to understand that now, same-sex and different-sex marriages are treated the same under the eyes of the law.

As the United States citizen, you must file a form to sponsor your spouse’s visa application. This is the Form 1-129F, Petition for Alien Fiance. Once the United States approves your petition, they will send the information to the country where your spouse resides. Your spouse can then apply for a K-1 fiance visa.

When your partner is looking to obtain a visa to enter the United States to marry you, just like any other relationship, there are steps they must meet before they are eligible to qualify for a visa. Before they can apply, you and your fiance must have met in person within two years of applying. Additionally, they’ll need to include evidence supporting the validity of your relationship. After meeting, they can file the K-1 visa.

It’s important to note that your fiance will have to undergo a medical examination and interview with an officer from the United States Customs and Immigration Services. At this interview, they will be asked questions about you, the engagement, and the wedding.

What Should I Do if I Need Assistance?

As you can see, filing for a visa to marry in the United States can be a complex and overwhelming legal process. Not only are there many forms and documents you must complete correctly, but the strict deadlines can come quickly. If you miss a deadline, it can impact your timeline.

Additionally, once your spouse receives their visa, they’ll need to apply for an adjustment of status to receive their green card, allowing them lawful permanent residency.

This process can be anxiety-inducing. Not only are you busy planning a wedding, but dealing with the legal complications of visas and USCIS can create stress for those involved. As such, it’s in your best interest to enlist the assistance of an experienced attorney from the Law Offices of Jason A. Dennis to assist you with this process. Contact our team today to learn how we can help you through these challenging times.