Here at Khunkhun Law, we're passionate about helping LGBT couples make their dream a reality by expertly guiding them through the intricacies of the fiancé(e) visa process and the marriage Green Card process. Since the monumental Supreme Court ruling in June 2013, which overturned the Defense of Marriage Act (DOMA), the doors have opened for U.S. citizens to sponsor their same-sex partners for residency.

Can I apply for a fiance visa for my spouse if I am a U.S. Citizen?

As a U.S. citizen, you can sponsor your fiancé(e) from abroad to join you in the U.S., provided you meet certain conditions like having met in person within the last two years and committing to marry within 90 days of your partner's arrival in the U.S. This process may sound straightforward, but it demands meticulous planning and understanding of legal nuances to ensure a smooth application.

Our Approach

At Khunkhun Law, we tackle each case with a detailed and empathetic approach. We understand the potential hurdles that might come your way, such as navigating the legal challenges if your partner's home country has restrictive laws against same-sex marriages. Our team ensures that you are not just prepared for the paperwork but also for any interviews at U.S. consulates, which can be daunting, especially in less LGBT-friendly nations.

For those worried about the interview process or potential biases they might face, we provide comprehensive support, including considering third-country processing if necessary. This strategy involves having the interview in a country other than your partner’s, where laws and attitudes toward LGBT issues might be more favorable.

Compiling the Evidence

Besides the emotional and logistical preparations, we help you compile an ironclad portfolio of evidence to demonstrate the legitimacy of your relationship. This includes detailed documentation like joint financial records, photographs, correspondence, and more, proving your genuine connection and commitment. This thorough preparation helps in case of inquiries or the need for additional evidence, often prompted by Requests for Evidence (RFEs) from USCIS. Moreover, if your relationship history includes less than two years of marriage, navigating the Conditional Residence (CR-1) Visa becomes crucial. This step requires an additional focus as you'll need to file to remove conditions on your residence once the two-year mark approaches.

Our commitment extends beyond getting your fiancé(e) to the U.S.--we aim to set you on a path to permanent residency and eventually, U.S. citizenship. The transition from a K-1 visa to a Green Card through marriage involves precise timing—applying for adjustment of status after marriage and then preparing for naturalization as early as three years from the issuance of the Green Card.

With an experienced team like ours at Khunkhun Law, you can navigate this path with confidence. We offer personalized counsel to manage expectations and ensure that your journey toward living together in the United States is successful and joyous. If you're considering this process or have any concerns about your specific situation, don't hesitate to reach out for a consultation. Our goal is to provide you with not only legal assistance but also peace of mind. You can find out more information about how to contact us here.

LGBTQ Green Card FAQ

1. Can same-sex couples apply for a fiancé(e) visa?

• Yes, same-sex couples can apply for a K-1 fiancé(e) visa if one partner is a U.S. citizen and they plan to marry within 90 days of the foreign fiancé(e)’s arrival in the U.S.

2. What are the main requirements for a K-1 visa for same-sex couples?

• The U.S. citizen must demonstrate intent to marry within 90 days of their partner's arrival, they must have met in person within the last two years, and the foreign fiancé(e) must be admissible to the U.S.

3. How does the legal status of same-sex marriage in the foreign partner’s country affect the visa process?

• U.S. immigration law governs the process, so the legality of same-sex marriage in the foreign partner's country does not affect eligibility for immigration benefits.

4. What kind of evidence is effective in proving a bona fide relationship for same-sex couples?

• Evidence can include joint financial statements, travel itineraries showing visits, photographs together, communication logs, and affidavits from friends and family affirming the relationship.

5. Can a same-sex marriage be used to apply for other types of visas or green cards?

• Yes, once married, same-sex couples can apply for other immigration benefits such as adjustment of status to obtain a green card, similar to heterosexual couples. This marriage Green Card step is filed once the foreign national spouse arrives in the U.S. and marries the U.S. citizen fiancé(e).

You can find further details about our boutique law firm here. Your journey matters to us because we've been there and are here to help you every step of the way. Let's make your dream a reality together. With the right approach, the marriage green card process can help you build a future in the U.S. with your spouse while allowing you to achieve your immigration goals. Should you or your loved one have any questions or need representation, please do not hesitate to contact us. Although we are located in New York City we represent clients all over the 50 states of the US. Call us, email us at info@khunkhunlaw.com or review other options to get in touch with us for an immigration consultation. If you are ready to schedule a consultation you can find a date that works for you and book your Zoom meeting with Sharon Khunkhun here. We have represented many clients with successful results even with the most difficult set of facts.