Same-Sex Marriage/Engagement & Immigration

Congratulations, you are engaged or married! And you may be wondering if you can bring your same-sex spouse or fiancee to the United States. Well the answer to your question is yes! If you are in a same-sex relationship, the application process is the same as it is for any other couple.

If your spouse is already in the United States, you can file the I-130 and I-485 concurrently to obtain a green card for your significant other.

If your spouse is NOT in the United States, you will have to go through consular processing. First you have to file the I-130 and once that is approved, you will schedule an appointment with the closest U.S. consulate office. Go to your interview, be granted your visa, come to the U.S. and THEN receive your green card in the mail.

The most important thing to remember in this scenario is, if you were NOT married in the United States, you MUST have been married in a country that LEGALLY recognizes same-sex marriage or your marriage will not be considered valid when you apply for your spouse.

If you are a fiancee, you will file for the K-1 visa and you can find the requirements for a K-1 visa in my previous blog post here.

If you are in a same-sex relationship and have any questions about bringing your significant other over, please call our office at 508-438-1198.

 

THIS POST WAS WRITTEN BY ATTORNEY JAMIE COSME. IT IS INTENDED FOR INFORMATIONAL PURPOSES ONLY. IT IS NOT LEGAL ADVICE.

 

#samesexmarriage #greencard #k1visa #immigration

The “90-Day Fiancee” Visa

There is a show called ’90 Day Fiancee,’ where people fall in love with people abroad, propose, and their fiancées come into the U.S. with a K-1 visa. The K-1 visa allows the non-U.S. citizen to enter the United States, but they must get married within 90 days after they enter the U.S. The show details their journey in the United States while adapting to the culture, missing their families and the problems that go along with having to get married in 3 months.

Although the show is all kinds of crazy, the K-1 visa is a real visa that many people use to bring their significant other into the United States before they are married. After the couple is married, the non-U.S. citizen will adjust their status to become a legal permanent resident. And then if they choose, 3 years later they can apply for naturalization.

One of the requirements for a K-1 visa is that the couple must have met in person within 2 years of filing for the visa. (Although there is an exception for cases of extreme hardship.) Next the US citizen will petition for his or her fiancée with the I-129, once it is approved, he or she will apply for the visa with form DS-160. After the visa is approved, your fiancée has 6 months from the date the visa is issued to enter the United States. Then the next step is to get married within 3 months (no big deal!)

As a side note, if your foreign fiancée has children, make sure to include them in the I-129 petition so that you can apply for a K-2 visa for them!

90-day fiancée may be a reality show on TV, but it’s based on a visa that you can use to bring your fiancée to the United States! If you have any questions about the K-1 or K-2 visa, please contact our office!

THIS POST WAS WRITTEN BY ATTORNEY JAMIE COSME. IT IS INTENDED FOR INFORMATIONAL PURPOSES ONLY. IT IS NOT LEGAL ADVICE.