How to get a K1 Visa for the Same-sex couple

In 1996, Section 3 of the Defense of Marriage Act outlined the fact that same-sex couples who are considered to be legally married were denied well over 1,100 different responsibilities and protections that are offered to couples in a heterosexual marriage; however, on June 26th in the year of 2013, this all changed. It was then that the Supreme Court of the United States made a ruling stating that the outline in Section 3 was considered to be unconstitutional when dealing with the case of Windsor v. United States. If you are a citizen of the United States and are in a same-sex relationship with an individual that is not a citizen, you may now obtain a same-sex fiancé Visa. The Defense of Marriage Act, which is often referred to as “DOMA”, has offered numerous affirmations that all couples who undergo the act of marriage should be treated equally as far as legal respect and general treatment is concerned. In this brief video, you will learn important facts about the gay fiancé Visa, and how one may be obtained so that you may join in marriage with your same-sex partner.

The same-sex fiancé Visa is equivalent to the basic Visa in that it is documentation proof that permits a foreigner to immigrate to the United States for the purpose and intent of joining in marriage to a citizen that is part of the country. Once the marriage has become official within 90 days of arriving to the United States, the foreigner may then become eligible to become a permanent resident of the country. Many people consider this to be the greatest advantage of the gay fiancé Visa. The steps required to obtain the same-sex Visa are relatively easy, but, if not done properly and without the assistance of a legal professional, could prove to be exceptionally challenging. The following requirements must be met for a same-sex fiancé Visa to be obtained from the United States of America:

  • First, the citizen of the United States that is applying for the gay fiancé Visa must be able to prove that they are, in fact, a legal citizen of the country.

  • It must be established that the United States citizen and the partner of the citizen have met within the past two years prior to applying for the same-sex fiancé Visa.

  • Both parties must agree that a marriage is planned within a 90 day period of the intended entry date into the country.

  • The foreigner that you want to marry in the United States must not be considered to be inadmissible to the country. Examples of reasons that would result in inadmissibility include – but are not limited to – health reasons, criminal status, and/or a past presence into the United States that was unlawful.

When opting for a gay fiancé Visa, it is imperative that you seek legal assistance. Many find the application process extremely challenging and have found that it is not at all uncommon for the United States government to deny the request for a same-sex fiancé Visa. This often occurs when information is omitted, incorrectly stated, or errors occurred during the filing process. Not only is the paperwork tedious, it is also expensive to file for a visa. If mistakes are made, all fees you pay are non-refundable. In addition to this, the US Embassy does not offer any sort of an appeals process for a denied same-sex fiancé Visa. By enlisting the assistance of a lawyer, you can have the peace of mind knowing that the application process will be completed accurately and in a timely fashion, that the money for the fees is put to good use, and that both of you will have a peace of mind during the process.