June 2022 - Casais & Prias Law

If you marry your partner overseas, do you know how your new spouse can become a citizen of the United States? Our lawyers answer your questions about gay marriage and citizenship.

In today’s world of technology and ease of travel, we are forming more relationships with people around the world. When one of those relationships turns to marriage, and your new spouse is not from the United States, you likely have questions about how they can become a U.S. citizen.

Our experienced team at Casais & Prias handles cases involving gay marriage and citizenship regularly. Here are the top questions they have been asked:

How Can My Foreign Spouse Enter The U.S.?

If your same-sex spouse is not a U.S. citizen, you can petition for them to come reside in the United States with you, so long as your marriage is legally valid. If your spouse is outside the United States, you will need to file a petition with the United States and Immigration Service (USCIS). Once approved, the file is then transferred to the National Visa Center (NVC) for processing and then your spouse is scheduled for an interview at the US Consulate in your spouse’s home country.

What Type Of Visa Should We Apply For As A Same-Sex Married Couple?

When a U.S. citizen marries a non-citizen, the foreign spouse must have a K-3 visa in order to enter the U.S. This type of visa is obtained in the foreign spouse’s country of citizenship in order to shorten the time it takes for them to join their citizen spouse in the U.S. The K-3 visa allows them to enter the U.S. while they wait on their immigrant visa petition.

Once their immigrant visa petition is approved, the foreign spouse can apply to adjust their status to a permanent resident status with the Department of Homeland Security (DHS) and the USCIS.

What Is The Process For Filing A K-3 Visa Application?

Step 1: File the proper petitions

You, as the U.S. citizen, must file the Petition for Alien Relative form with the DHS and the USCIS, who will then inform you when your petition has been received. Once approved, your petition will be sent to the National Visa Center for processing.

Step 2: Apply for the visa

As part of your application, you will be required to have an interview. The foreign spouse will need to bring the following documents:

Completed Online Nonimmigrant Visa Application
Valid passport
Birth certificate
Marriage certificate
Medical documents
And other documents

As you can see, the process of citizenship can be lengthy, which is why you should get the help of an experienced legal team to guide you. At Casais & Prias, our founding partner is skilled in areas of LGBTQ+ marriage and immigration. We can answer any questions you have about gay marriage and citizenship because we have been helping couples and families through this process for many years.

Did you know that same-sex couples can apply for a variety of immigration benefits based on their marriage to a U.S. citizen? You may not realize all the ways an attorney can help you. Working with a legal representative who is familiar with gay marriage and citizenship will go a long way in getting your spouse established as a U.S. citizen. Once you are through the legal process of citizenship, you and your spouse can relax and enjoy your life together.

When you have questions about gay marriage and citizenship, contact the team at Casias & Prias. We look forward to helping guide you through this legal process. Contact us today to schedule your free case evaluation.

Bringing your non-citizen fiancé to the U.S. can be a complex process, and there are important details to understand. Here, we address your questions regarding obtaining a same-sex fiancé visa in Hialeah.

Getting married to a person of the same gender in the United States follows a clear procedure. With its legal acceptance in all 50 states, the law generally treats same-sex marriage similarly to opposite-sex marriage.

When your fiancé is not a U.S. citizen, however, there are some guidelines you need to follow. Here, we will answer the most common questions about getting a same-sex fiancé visa in Hialeah.

What Type Of Visa Is Required For A Same-Sex Fiancé In The U.S.?

To bring your same-sex fiancé into the U.S., they will need to apply for a K-1 visa. Officially called a Nonimmigrant Visa for a Fianc(é)e (K-1), this visa allows a non-U.S. citizen to gain entry into the U.S. for the purpose of marriage. Read on to see what requirements come with a K-1 fiancé visa.

How Long Can My Fiancé Stay In The U.S. Before We Get Married?

Once your same-sex fiancé enters the United States on a K-1 visa, it’s essential to get married within 90 days. If the marriage doesn’t occur within this period, they will lose their status, leading to the expiration of their K-1 visa. Subsequently, your fiancé would need to return to their home country.

Once married, your immigrant spouse can initiate and submit their application for adjustment of status or green card. If you marry before the 90-day deadline, they can start the green card application process earlier. Waiting for the full 90-day period before marriage is not mandatory.

What Regulations Do We Need To Follow For a Same-Sex Fiancé Visa?

To obtain a same-sex fiancé visa in Hialeah, you need to adhere to the following guidelines:

Demonstrate your U.S. citizenship status.

Provide evidence of an in-person meeting with your fiancé within the last 24 months.

Express the intention to marry within 90 days.

Confirm that your fiancé is admissible to the U.S., ensuring no concerns related to health, criminal history, security issues, previous unlawful presence in the U.S., or any other disqualifying factors.

It is not difficult to obtain a same-sex fiancé visa in Hialeah, but as you can see, several guidelines must be followed. Having an attorney assist you as you prepare to bring your fiance to the U.S. is beneficial.

Do You Still Have Questions? Casais & Prias Has The Experience You Need

At Casais & Prias, not only are we experienced in immigration law, but we also offer LGBTQ & Same-Sex Couple Immigration Services to all of our clients. Our skilled team cares about your situation, and we will go above and beyond to guide you through the legal process of obtaining a same-sex fiancé visa in Hialeah.

Our firm’s founding partner, Rolando Casais, Jr., is a member of the American Immigration Lawyers Association and sits on their LGBTQ Committee. He is also a member of the Miami-Dade Gay & Lesbian Chamber of Commerce and was an Associate Attorney at an immigration firm in Miami, Florida, where he was responsible for preparing and submitting both family-based and employment-based immigrant and nonimmigrant visa petitions.

When you need someone to lead you through the legal process of obtaining a same-sex fiancé visa in Hialeah, look no further than Casais & Prias. We have the knowledge and experience to help you and your fiancé file the proper paperwork and establish your lives together in the United States. Contact us today for a free case evaluation.

Month: June 2022

Can Your Foreign Spouse Claim Citizenship? Our Miami Gay Marriage and Citizenship Attorney Explains