A US citizen enjoys the privilege of making a visa application for his or her fiancé living abroad, in which case application can be made for K 1 Visa.
The requirements for making an application for K 1 Visa
• Out of the two one should be a US citizen either through the process of naturalization or through derivation of citizenship.
• You should display your intentions to get married and for this you would be required to submit plans.
• There should be documents to prove that you have met your spouse or partner within the period of last two years. Getting associated through modern communication means no matter how much reliable they are will not serve the purpose. You should have met your partner in person, in the last two years, before you make the application. The meeting may not be a prolonged one; a brief one would also serve the requirement. However, if you feel that the custom of a given country does not allow the partners to meet before getting married, you can write this down to USCIS for consideration.
• You must meet the legal criteria to get married age wise and even fulfill the other requirements. There should be no legal charges slapped on you which can restrict you from getting married.
• In case one of you was married previously, there should be legal document to prove that your last marriage has been terminated legally.
The verdict on K 1 Visa for same sex partner
If your partner belongs to the same sex, then you will have to choose a state in US which allows “same sex marriage”.
In a new development, Supreme Court in the US has given a verdict in favor of same sex marriage.
This enables a US citizen to sponsor a fiancé belonging to the same sex as the applicant.
You will have to keep in mind that you get married in the state which approves of such relationships legally. A clear guideline is yet to be issued by USCIS on this matter; yet, you can make applications for the same.
There is no hard and fast rule that you will have to stay back in the same state where you get married. You can always settle down in some other state.
The steps to be followed
After you bring your partner on K 1 Visa and have got married to her or him, your spouse can always apply for permanent residence.
To obtain a K 1 Visa you need to make your application on USCIS form I-129F. It may take almost 9 months to receive an interview call after you have submitted your application.
Once you get the visa, the alien partner can stay in the US for 90 days.
Further, for Adjusting the Status or to register for Permanent Residence you need to fill and submit form I-485.
Getting a partner belonging to the same sex as the partner who is a US citizen has become a relaxing task ever since the court has read out its verdict in favoring the subject.