U.S. citizens who would like to bring a foreign national same-sex fiancé living abroad to the U.S. to marry can now do so by applying for a K-1 visa.
The application for the K-1 visa is Form I-129F, Petition for Alien Fiancé.
In the past, the K-1 visa has not been available for same-sex bi-national couples. But due to the recent Supreme Court decision to strike down Section 3 of the Defense Of Marriage Act, the K-1 visa is now available to all couples.
If you would like to marry outside the U.S. or your fiancé is already inside the U.S., you do not need a K-1 visa. The K-1 visa is a visa strictly for those seeking to get their fiancés to the U.S. to get married
Eligibility Requirements for Same-Sex Fiancé Visa
To get your same-sex fiancé a visa so that you can marry in the U.S., you must prove the following:
- You are a U.S. citizen
- You and your fiancé will marry within 90 days of his or her arrival.
- You and your fiancé are both legally free to marry and all previous marriages have ended by divorce, death or annulment.
- You and your fiancé have met in person at least once in the last two years before filing for a K-1 visa, unless
- You haven’t met because it violates strict and long-established customs.
- You haven’t met because it would have cause you extreme hardship.
If your fiancé(e) has a child (under 21 and unmarried), include the names on Form I-129F. The children may be eligible for a K-2 visa so that they can also come to the U.S.
What happens after your Same-Sex fiancé arrives on a K-1 visa?
As mentioned in the requirements, once your fiancé enter the U.S., you’ll have 90 days to get married. Once you and your fiancé are married, your new spouse can apply for adjustment of status and become a green card holder (permanent resident).
If you do not marry within 90 days, your fiancé could be deported and no longer be eligible for any immigration benefits.