Fairfax Same Sex Spouse K Visa Lawyer
K visas apply to same-sex spouses and their children. The K visa is a fiancé(e) visa and it is something that a person would apply for if they have a significant other who is abroad and they would want them to enter the United States so that they can get married. A person has to get married within 90 days and then they can file for their green card, and it is again the same process as it is for heterosexual couples now.
A person just has to document their relationship, submit as much bonafide relationship information as they can to prove that it is a valid relationship, that is not being entered into just for immigration purposes, and then move forward from there.
Fairfax same-sex spouse K Visa lawyers have seen the application process as a good option for many people. It might be more common in same-sex marriages to do this as opposed to getting married abroad and enter in the United States, if that person lives in a country that does not allow same-sex marriage. For help with the application process or any general questions, individuals should contact an experienced same-sex spouse immigration lawyer.
K Visa Application Process
The K visa involves proving the bonafide nature of a person’s relationship. A lot of times that is a little bit of a challenge for people that might have had a non-traditional type of courtship arrangements, for instance, if there is an arranged marriage or if they met online, those kinds of things. At the least, they need to be physically present with their spouse to be, within two years of the date of filing.
In all cases, a person should submit as much hard evidence as possible of their relationship with the help of their same-sex spouse K Visa lawyer. If a person has been talking online for two years, then they should submit transcripts of their communication, maybe not everything. The importance of this is to establish and date their relationship back as far as possible and show any financial commingling that they have done. A lot of times there are situations where maybe their fiancé(e) lives abroad and the US citizen petitioner sends money or those kinds of things, so they want to show proof of that and any other photos of the two of them together, if they met each other’s family, etc.
The document list for people submitting any visa application is completely different with every relationship because in some relationships there might be years of cohabitation if the US citizen petitioner has lived abroad. Fairfax same-sex spouse K Visa lawyers have seen cases of new relationships with minimum contact. They can be approved as well, as long as they intend to marry at the time of entry.
Immigration Options
After the repeal of DOMA, same-sex spouses are in exactly the same situation as heterosexual couples in the eyes of USCIS and the Department of Homeland Security. Anything that a spouse should qualify for, a same-sex spouse will qualify for as well, a spouse is a spouse, so there is no difference. A Fairfax same-sex spouse K Visa lawyer can help a couple consider their options when reviewing their citizenship options.
There are a number of different benefits that require a spousal relationship like there are certain defenses of removal if a person is applying for cancellation of removal and they need a qualifying relative, their spouse can quality, and same-sex spouses can now qualify. Any immigrant petition, like if it is a same-sex relationship and they are applying for entry for their intended immigrant spouse to be to come to the United States, that is the same process as it is for everybody.
The only issue is that a person needs to prove that they have a bonafide marriage before they can be eligible for the status. Sometimes if there are issues with certain countries that do not allow same-sex marriage, a person has to come to the United States in order to actually marry in some cases. That is the only way that there can be a little bit of difference in processing.