LGBT Immigration
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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) 897-8870. 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.
There is presently no fee to apply for your first Employment Authorization Document (EAD), if you have a pending application or if you have been granted asylum. To apply, you must fill out an I-765, Application for Employment Authorization form.
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.
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To discuss fiancé(e) or marriage visas, call our same sex immigration lawyer in Orlando for a consultation. Contact us online or call (407) 897-8870
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