How To Bring your LGBT (Lesbian, Gay, BiSexual, or Transgender) Fiancee to the USA?
In June 2013, the Supreme Court ruled that Section 3 of the Defense of Marriage Act (DOMA) which discriminated against same sex marriage is unconstitutional. A week later Homeland security Secretary: Janet Napolitano officially announced: “I have directed U.S. Citizenship and Immigration Services (USCIS) to review immigration visa petitions filed on behalf of a same-sex spouse in the same manner as those filed on behalf of an opposite-sex spouse.”
So far no specific instructions, special procedures, etc have been handed down. HOWEVER Experts agree, and the recent cases I have worked on, indicate that the process for same sex fiancee’s applying for Fiance visas should be treated the same as mixed sex couples.
In my experience however this is the best time to apply. My LGBT cases are speeding through the system faster than my opposite sex cases. It may not last, but I have the feeling that to officers at USCIS and State Department are trying in their own way to make amends for past history.
Your foreign Fiancee needs permission from the US government to allow him or her to enter the USA. This is called a K1 Fiancee visa.
First we work together to produce a thick packet of forms, evidences and civil documents. This is required to demonstrate that you are eligible to apply, and that your true agenda is a genuine life together,not immigration fraud.
My signature philosophy is that a petition should ALWAYS be “front loaded” with high quality evidence of a bona fide relationship. My “front loaded” petitions prepare the way so that your Fiancee will have an Easier interview. The traditional fiance visa eligibility process included consideration, of whether a couple is permitted to marry in the state of residence of the American sponsor. For example if the couple is too young to marry in the sponsors state of residence, even though the neighboring state has more liberal marriage laws, the fiance visa would be denied.
Today ONLY 17 states allow same-sex marriage. One must ask: “How will USCIS view the eligibility of a same-sex couple planning marriage, when the American lives in one of the states where same-sex marriage is banned? Experts believe. That for same-sex couples, USCIS will relax its requirement for a legal marriage in the State of residence, and will view a couple as eligible, IF they can satisfactorily demonstrate they plan to marry, at a location where it is allowed.
Your Fiance MUST demonstrate he or she is of good moral character and the relationship is bona fide. One to Two weeks later the visa is issued, then he or she can join you in the USA.
by Fred Wahl the Visa Coach
By Fred Wahl
Your Personal Immigration Guide