Immigration benefits for same sex couples are now legal and our office is getting Fiance Visas and Marriage Visas approved for same sex couples from around the world!
As you may have heard, same sex marriages are now legal in all 50 states and this makes getting married to a same sex partner much easier than before. No longer do you have to travel to a state that allows for same sex marriages after your fiancé enters the US on his or her Fiance Visa to get married. Also, you no longer have to worry about the religious or legal impediments in the foreign fiancés country. All Fiance Visa applications are processed by a local US Embassy who applies only US law. So even if your fiancé comes from a country that does not recognize same sex marriages or has strong religious opposition to same sex marriages, the application will be processed and approved in accordance with US law.
If you are already married and you were married in the US, you can now apply for a Marriage Visa without issue or your foreign spouse can adjust status to become a Legal Permanent Resident depending on your circumstances.
Spring is a busy time of the year for our office. In part because it coincides with graduation. And for this reason, I get lots of calls and questions from foreign students earning their degrees at US Universities, who have fallen in love with a US citizen and wish to get married and stay and work in the US. The good news is that in most cases, the student can get married, stay and apply for an Adjustment of Status to become a US Legal Permanent Resident.
Students typically enter the United Sates on either a J-1 Exchange Visa or an F-1 Student Visa. There are a few alternative procedures that a student can choose from depending on the type of visa originally granted to the student.
Merry Christmas and Happy Holidays to all the great people and families that I have met throughout the years.
Every year I meet new people who are looking for Immigration help. All of my clients have meet someone special and were in need of a K1 Fiance Visa, CR1 Marriage Visa or help applying for an Adjustment of Status to become a Legal Permanent Resident of the United States. The best part of my job is getting to know my clients and sometimes, staying friends after the work is done. I try and follow the families that I have worked with to see how they are doing once the process has been completed and everyone is settled. I always look forward to the new pictures and updates that I receive every year. I especially like to hear about how my families have grown and how any children are doing after arriving in the United States. Its a big adventure for everyone and sometimes a big adjustment. I am always available to talk and consult with. And, you are always welcome to send me new pictures and updates. If you like, we can include your pictures in our new family Facebook page. Just email me your pictures and any news at firstname.lastname@example.org. To see our new firm Facebook page, click the Facebook link on our web page.
Again, happy holidays to everyone. I wish you a great holiday season and a safe and prosperous new year!
There is no legal prohibition against using a co-sponsor to support a K1 Fiance Visa. Whether it will be accepted or not by the US Embassy to support the fiance visa application is the issue.
It has been determined that the I-134 Affidavit of Support, unlike the I-864 Affidavit of Support used for Marriage Visas and Permanent Residency applications cannot be lawfully enforced due to the non-immigrant nature of a K visa. Nevertheless, most US Embassies around the world will give some consideration to a co sponsor’s willingness to help support the financial requirements of a Fiance Visa. The good news is most US Embassy’s will accept a Co-Sponsor and those that frown on it will likely give it some consideration depending on the facts of your case.
One reason for accepting a co-sponsor for a K visa applicant may be the recognition that a co-sponsor will be accepted if the parties were married and applying for a Marriage Visa or Legal Permanent Residency. It seems almost silly to exclude the use of a co-sponsor for a K visa when the parties intend to marry and subsequently apply for Legal Permanent Residency, at which time a co-sponsor can be used. Another reason for possibly accepting a co-sponsor for a K visa application is to try and help the US citizen marry his or her choice of a loved one.
Adjusting status to become a Legal Permanent Resident while in the United States on a Visa Waiver requires careful thought and analysis.
USCIS and the US State Department is particularly sensitive to matching a persons true intent when entering the United States with the appropriate type of visa or special entry permission, like a Visa Waiver. It is an absolute “no no” to use a Visa Waiver to enter the United States for the purpose of getting married and applying to become a Legal Permanent Resident (immigrant). To do so would likely constitute fraud. The visitors intent at the time of entry is the issue.
If a person enters the United States as a visitor under the Visa Waiver program and truly intends to visit with no agenda to get married and then after entering the United States, thereafter decides to get married and wishes to stay, applying for Legal Permanent Residency is a permissible option.
Today, thousands of students from across the world study in the United States and fall in love with a US Citizen and get married. Understandably, the loving couple want to stay together. This can be accomplished.
Most students arrive on either a J1 or F1 Student visa. Depending on the type of visa originally granted to the foreign student, there are a few alternative procedures that apply to a student who wishes to gain Legal Permanent Residency or their Green Card after getting married to a US Citizen.
Students with J-1 Visa
J-1 Visas are issued to Exchange Visitors who are participating in an established J Exchange program pre-approved by the State Department.