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.
