The United States now recognizes gay marriage and same sex unions. Almost all civil liberties are available to members of the gay and LGBTQ communities. Immigration law goes hand in hand with gay marriage laws as many couples have different nationalities and live in different countries. The United States Citizenship and Immigration Services (UCIS) has outlined a process that U.S. citizens must follow when they seek to bring a foreign national into the country to wed. For example, a K-1 fiancé visa allows a foreign national to enter the U.S. to marry a U.S. citizen under certain conditions. Our Pennsylvania LGBTQ immigration attorneys can help you obtain a K-1 visa. If you are a member of the LGBTQ community, or not, please contact our gay immigration attorneys now for a free case analysis.
K-1 Fiancé Visa Eligibility Requirements
The following eligibility requirements must be met in order to obtain a K-1 Fiancé Visa:
o The petitioner must be a U.S. citizen (and be able to prove citizenship)
o The intent to marry within the first 90 days of the fiancées arrival is present
o Both spouses are free to marry and any previous marriages must have
documentation of a legal divorce, spousal death, or annulment
o The spouses have met each other within the 2 years preceding the petition filing
How to File a K-1 Fiancé Visa Petition
If you meet the above requirements, you can file a petition to obtain a K-1 visa. First, the U.S.
citizen must file the form I-129F Petition for Relative or Fiancé with UCIS. The current filing
fee is $340. Once the petition is approved, it will be forwarded to the National Visa Center, then
to the U.S. Consulate where the fiancé will apply for his/her visa. The fiancé’s visa petition is
valid for 4 months from the approval of the U.S. citizen’s petition.
Note, since a fiancé visa applicant is an immigrant, he/she will have to satisfy the requirements
of an immigrant visa applicant. This includes submitting the following documents to the U.S.
Consulate during the fiancé interview:
1. Valid passport
2. Birth certificate
3. Divorce of death certificate of any previous spouse
4. Medical examination
5. Evidence of support
6. Evidence of a valid relationship with the petitioner
The parties will have to prove that they intend to marry within 90 days of the fiancé visa
applicant entry into the U.S. The parties will have to provide proof to the U.S. government that
they have made actual plans to wed (example – designating a venue to wed and specific
ceremony to be performed). The fiancé applicant will be required to leave the U.S. if the parties
do not marry within the 90 day period.
Why Hire Our Pennsylvania Fiancé Visa Attorneys?
Obtaining an attorney to aid in the visa application process ensures that the required documents
are filed correctly. If the paperwork is filed incorrectly, the USCIS may request for the parties to
reapply and to pay all associated fees. There are no refunds for improper filing, completion, or
missing the time frame for any paperwork regarding the application for the K-1 Fiancé Visa.
Please contact our LGBTQ lawyers for a free initial consultation. They can provide you with legal advice in meeting all the requirements and finalize the application documents. Our Pennsylvania LGBTQ immigration attorneys also provides K-1 Fiancé Visa legal services to residents Pennsylvania, New Jersey, all other states, Puerto Rico & Washington D.C.