Fiancé(e) Visa for Same-Sex Couples

​When a US citizen is engaged to be married to a foreign national, they may apply for a fiancé(e) visa for their partner to move to the US and marry here. This visa creates a path to permanent residence for thousands of immigrants a year, many of whom, since 2013, are in same-sex relationships.

Fiancé(e) Visa Overview

​K-1 fiancé(e) visas are nonimmigrant visas that allow individuals to enter and temporarily stay in the US. K-1 recipients must be sponsored by a US citizen (not a lawful permanent resident) with whom they are engaged to marry. To be eligible, the sponsor and recipient must have met in person at least once over the past two years and they must get married within 90 days of the recipient’s arrival in the US. After marriage, immigrants may apply for an Adjustment of Status to get a green card. If the couple does not marry within 90 days, the K-1 recipient must leave the US.

​In order to obtain a K-1 visa, the sponsor must file Form I-129F, Petition for Alien Fiancé(e). Then, the sponsored partner will have to complete the DS-160 form and attend an interview at the nearest US consulate. Once the visa is approved, the recipient has six months to travel to the US, then 90 days to be married.

Can Same-Sex Couples Obtain K-1 Visas?

​Similar to marriage-based visas, fiancé(e) visas have been available to same-sex couples since the Supreme Court decided on the case United States v. Windsor (2013). This case ruled that the Defense of Marriage Act, which prevented the federal government from acknowledging same-sex couples, was unconstitutional. Since then, federal agencies, including USCIS and the Department of Homeland Security have been required to recognize same-sex and opposite-sex couples equally.

​After Windsor, same-sex marriages were still not legal in every state. This posed an extra challenge for some queer K-1 applicants since they had to take additional steps to prove that they would be able to obtain a legal marriage in the US. After the Supreme Court legalized same-sex marriage nationwide in Obergefell v. Hodges (2015), same-sex couples have been able to apply for K-1 visas using the exact same process as opposite-sex couples.

Potential Benefit of a K-1 Visa

​K-1 visas do not require individuals to be married before they move to the US. This can be beneficial for some applicants who don’t live in a country where same-sex marriages are legal or accepted. Instead, couples have the opportunity to get married in the US, where same-sex marriage is recognized. Because couples apply at US consulates, they do not need to worry about local policies that may criminalize same-sex relationships. The officers who process K-1 visa applications will be following US law that requires them to treat same-sex couples equal to opposite-sex couples.

Benach Collopy Can Help

​K-1 fiancé(e) visas are a great way for partners of US citizens that want to get married to enter the US, especially when marriage is not an option in their home country. Still, navigating all the requirements to apply for K-1 visas and eventual permanent residence can be complicated. The attorneys at Benach Collopy have years of experience assisting LGBTQ clients in marriage- and fiancé(e)-based cases. Call 202-644-8600 today to learn more or set up a consultation.