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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105123
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I want to bring my male partner from India to USA and marry

Customer Question

I want to bring my male partner from India to USA and marry him. This will be a same-sex marriage. What will I need to do?
Submitted: 3 months ago.
Category: Immigration Law
Expert:  legalgems replied 3 months ago.

There is a visa specific to fiance situations called the fiancé(e) K-1 nonimmigrant visa. That petition is here

That link also has a link to instructions for completion.

a foreign-citizen fiancé(e) of a U.S. citizen is the recipient of an approved Petition for Alien Fiancé(e), Form I-129F, who has been issued a nonimmigrant K-1 visa for travel to the United States in order to marry his or her U.S. citizen fiancé(e). Both the U.S. citizen and the K-1 visa applicant must have been legally free to marry at the time the petition was filed and must have remained so thereafter. The marriage must be legally possible according to laws of the U.S. state in which the marriage will take place.

In general, the foreign-citizen fiancé(e) and U.S. citizen sponsor must have met in person within the past two years. USCIS may grant an exception to this requirement, based on extreme hardship for the U.S. citizen sponsor to personally meet the foreign-citizen fiancé(e), or, for example, if it is contrary in the U.S. citizen sponsor’s or foreign-citizen fiancé(e)’s culture for a man and woman to meet before marriage.

After USCIS approves the petition, it is sent to the National Visa Center (NVC). The NVC will give you a case number ***** send your petition to the U.S. Embassy or Consulate where your fiancé(e) live

More information is here:

It is best to hire an immigration attorney to help coordinate the paperwork and make sure all of the proper steps are completed to prevent delays/denials. The government will want to ensure that the marriage is a true marriage (ie not taking place solely to secure a visa).

This includes information how the K1visa holder can apply for permanent residency:

Further questions? Please post here to continue the chat.

Satisfied? Kindly rate positively so I receive credit for assisting you.

(no additional charges are incurred).

Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  Guillermo J. Senmartin, Esq. replied 3 months ago.

Hello! My name is***** and I am a licensed attorney with more than 14 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

I am sorry that he was denied. He could apply again, but the chances are that they would probably deny him again especially if they believe his intent is to immigrate and he really wouldn't be a visitor. But luckily, there are options, they just require patience.

There are essentially three ways to bring him and none are really fast, unfortunately:

1) The K-1 fiance visa takes 6 to 9 months, but you must have met before at least once during the last two years in order to process it. The I-129F will cost $340 plus a $350 fee for the visa processing fee. After he enters the U.S., then you have to marry and then you have to pay $1070 for the I-485 and he will have to wait about 5 to 7 months and gets another interview that you attend with your new spouse so that he can get Residency.

2) The K-3 spouse visa takes 6 to 9 months, you must be married. The I-129F will cost $340 and $350 for the visa processing fee. Then after he enters the U.S., he must still file the I-485 for $1070 and wait for the marriage interview about 5 to 7 months later.

3) The CR-1 visa (or IR-1 if your marriage is more than 2 years old) takes about 1 year or so. You must be married. The fees are $420 for the I-130, $330 for the visa processing fee, $88 for an Affidavit of Support fee. But once he enters the U.S., he enters as a Resident and he does not have to file (or pay for) an I-485 nor does he have to attend an additional interview. He just gets his green card in the mail a few weeks later.

So the K-1 and K-3 are faster but generally more expensive. The CR-1 (and IR-1) are slower, but generally cheaper. And no, there is no middle-visa that he can use to enter the U.S. while that process is pending. He will most likely have to wait outside.

Here is a link to those visas:

and another link:

I know you do not want to wait. I know it is very inconvenient. I know you want to be together sooner rather than later, but I have this same conversation two or three times per day on this website. No one ever likes it and believe me, if there was an easier or faster way, I would tell you. I know you will probably say, “but what about this...?” or “but what about that...?” But I will most likely continue to have bad news for you. I am truly sorry. The problem is that the U.S. concerns over security and fraud in this area are more important than a 6 to 9 months inconvenience to you. The way they see it is that if it truly is a real relationship, it will survive that length of time apart. Again, I am truly sorry. I wish I had a faster and easier way to tell you about.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! When we are done, if you would be so kind as to leave a positive rating for my service, I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. If you do not see any stars or smiley faces, please at least leave a THANK YOU for me so I can let the administrators know. Your question thread does NOT close, so you can ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.

Expert:  legalgems replied 3 months ago.

Here is the National Association of Immigration Lawyers where one can locate an attorney:

and a link to the state bar referral site:

Congratulations on your upcoming nuptials.

Thank you for using Just Answer.

Expert:  Guillermo J. Senmartin, Esq. replied 3 months ago.

My apologies. Not sure how the other expert became involved when I was locked on to your question. Perhaps it was because I am on a flight and the internet is a little spotty. Anyway, let me know if you have any questions in regards ***** ***** information that I provided as I almost exclusively practice immigration law and have more than 14 years of experience in this area. We can also discuss the possibility of expediting the process, but it will not be easy.

Let me know if you need anything else, but please do not forget to rate me positively. You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. If you do not see the stars or smiley faces, please at least leave a THANK YOU for me so I can let the administrators know. Also, we do NOT finish just because it says "Rate to Finish" or something like that. Your question does NOT close and you can continue to ask questions without additional charge on the same question thread even after you leave a positive rating. Thank you for your understanding!

Expert:  Guillermo J. Senmartin, Esq. replied 3 months ago.

Hello Ernesto. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

Expert:  Guillermo J. Senmartin, Esq. replied 3 months ago.

Hay algo mas que puedo hacer para usted? Si no, por favor de no olvidarse de dejar una opinion si la respuesta fue util. Si no deja una opinion positiva, entonces no me dan credito por ayudarle. No le cobran de nuevo y podemos seguir hablando sin cargos adicionales si usted tiene otras preguntas. Tambien, le pido que entienda que a veces la ley no tiene solucion y que si la respuesta es verdadera, la verdad siempre es util. Gracias!

Expert:  Guillermo J. Senmartin, Esq. replied 3 months ago.

Thank you for your kindness and respect. Good luck to you.