Bringing your non-citizen fiancé to the U.S. may be complicated, and there are some things you need to know. Let us answer your questions about obtaining a same-sex fiancé visa in Hialeah.
When you want to marry someone of the same-sex in the United States, it is a straightforward process. Since it is legal in all 50 states, same-sex marriage is largely legally treated the same as 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?
After your fiancé enters the U.S. on a K-1 same-sex fiancé visa, you must be married within 90 days. If you are not married within that time frame, they will fall out of status, which means their K-1 visa will expire. At this point your fiancé would need to return to their home country.
After you are married, your immigrant spouse can prepare and submit their adjustment of status application, or green card. If you are married before the 90-day deadline, they can begin their green card application process sooner. You are not required to wait 90 days before being married.
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:
- You must prove your status as a U.S. citizen
- You must prove that you and your fiancé have met face-to-face, in person, within the last 24 months
- You must express your plans to be married within 90 days
- You must prove that your fiancé is not inadmissible to the U.S. for health, crime, security, past unlawful presence in the U.S., or other reasons.
It is not difficult to obtain a same-sex fiancé visa in Hialeah, but as you can see, there are several guidelines that must be followed. It is helpful to have an attorney assist you as you prepare to bring your fiance to the U.S.
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.