Atlanta Same-Sex Marriage Visa Lawyer

Family-based immigration permits are one of the most common types of visas sought by foreign nationals each year. Under the law, a person that secures lawful permanent residency or citizenship has the ability to sponsor their spouse for a visa.

USCIS treats spouses the same, regardless of whether a married couple is same-sex or opposite-sex. However, complications can arise when a same-sex couple is coming from a country that does recognize same-sex marriages. Thankfully, in these scenarios, you can work with a dedicated family immigration attorney to maximize the potential of your case. During your consultation, an Atlanta same-sex marriage visa lawyer could assess your options for seeking an immigration permit and help you choose the most productive path.

Sponsoring a Spouse for a Same-Sex Marriage Visa

A citizen has the right sponsor their spouse for an immigrant visa. During the sponsorship process, spouses get priority and are put on a path towards citizenship right away. There are no limits on the number of these marriage visas awarded each year, meaning the wait to get a permit typically shorter for a spouse than for a different family member. Lawful permanent residents can also sponsor their spouses for immigration, but the process can take longer.

Proving that a same-sex couple from another country is married can be challenging. In countries where same-sex marriage is legal, the process is no different than in any other country. However, federal law does not recognize civil unions as marriages when it comes to immigrating to the U.S. A same-sex couple can only qualify for a visa if they show they meet the guidelines for common law marriage in their home country.

What is a K-1 Visa?

While immigration can be challenging for same-sex couples from a country that does not recognize same-sex marriage, a K-1 visa could help with immigrating to the U.S. Also referred to as a fiancé visa, a couple can pursue this path towards permanent residency before they are legally married. This option is especially powerful for same-sex couples from a country that does not recognize their marriage.

When a U.S. citizen seeks to sponsor their fiancé for a K-1 visa, they must first file a document known as Form I-129F. Filing this document begins an immigrant’s path towards a visa. If USCIS approves their application, the fiancé will then need to attend an interview at the American consulate in their home country.

The same rules apply when it comes to eligibility, regardless of whether it is a same- or opposite-sex marriage. Both parties must be legally able to marry, meaning they are not currently married to someone else. There is also 90-day time limit that requires the couple to get married shortly after they are reunited in the United States.

K-1 visas are not standard immigrant visas. Receiving K-1 visa on its own does not make a person a permanent resident or start them on the path towards citizenship. Instead, A K-1 visa represents is an opportunity for that person to live in the U.S. while they seek a green card and prove their marriage is legitimate. A hardworking same-sex marriage visa attorney in Atlanta could help with all aspects of K-1 permits.

Contact an Atlanta Same-Sex Marriage Visa Attorney Today

Reuniting with your loved one in the U.S. is likely a top priority for you and your family. While accomplishing this can be challenging for same-sex couples, getting the guidance you need is possible. Reach out to an Atlanta same-sex marriage visa today. Our experienced legal team could assess your situation and help you protect your legal rights at all stages of your case process.