That’s not all, though. In order to apply to bring a foreign future spouse to the U.S. on a K-1 visa, the petitioner must
Being legally free to marry means that neither spouse is legally married to anyone else currently. Any previous marriage must have been legally terminated, and you will both need to submit documentation of the legal termination of previous marriages via one of the following:
Furthermore, while many countries still prohibit marriage for same-sex couples, that does not impact their eligibility for the K-1 visa. In Windsor v. United States, the Supreme Court of the United States found a section of the Defense of Marriage Act unconstitutional. This means that the section of the law that denied legal federal benefits to same-sex couples is no longer allowed, and all couples — regardless of the gender of both partners — are allowed the same benefits. These benefits include immigration processes, like sponsoring a fiancé or a spouse, even if the foreign partner’s home country does not recognize same-sex marriages.
There are no caps on the number of fiancé visas able to be issued. However, historical numbers show that both K-1 non-immigration fiancé visas and spousal immigration visas have been fairly consistent, which might be a sign that USCIS is generally looking for the same things in petitions and visa applications. That means that an experienced K-1 visa lawyer will be able to provide you with reliable information about the process.
Furthermore, since the K-1 visa process automatically means that one partner is living outside of the U.S., you may need the support of a K-1 visa lawyer who knows how to get information and documentation from sources all over the world in a way that will satisfy USCIS’ requirements.