Since the United States Supreme Court struck down the Defense of Marriage Act in 2013, the government has been required to recognize same-sex marriages on a federal level. With that groundbreaking decision, the door was opened for same-sex couples to petition to have their fiancé(e)s and spouses get K-1 Visas and Green Cards. Although the door is open, these can still be challenging petitions to win.
This is why you need to retain the best LGBT immigration attorney who has experience handling the nuances of same-sex marriage immigration issues. At Minsky, McCormick & Hallagan, P.C., we have been helping couples with their immigration needs since 1975. While immigration for LGBT couples may be a relatively new option, we have experience helping same-sex couples achieve their dreams of living in the United States together.
For couples who are engaged, the K-1 visa allows eligible parties to bring their fiancé(e) to the United States. Requirements for a K-1 visa include:
There are some challenges that all couples, including LGBT couples, can face when petitioning to bring their non- U.S. Citizen fiancé(e) or spouse to the United States. Some challenges include:
Your LGBT expert immigration attorney will tell you exactly what is required for your application, help you gather the necessary information, and prepare your petition to the federal government. This process can take months, so having an immigration law attorney help you can streamline the process and reduce the risk for rejection or denial. Immigration attorneys can also help with Consular Processing, which is the process that allows United States citizens to bring family members to the country. This is available for spouses, parents, or the citizen’s children who are under the age of 21.
For same-sex couples who have made it through the K-1 visa process and married their partner during the required 90 days, we can also assist with adjustment of status applications that allow your spouse to apply for permanent residency.