Getting a K-1 Visa for Your Same-Sex Partner

If you are a U.S. citizen who wants to get married to a foreign national, you can help them receive a K-1 visa (also called a fiancé visa). This visa allows the fiancé of an American citizen to enter the country for the purpose of marriage within 90 days of their arrival. It works for same-sex marriages regardless of the laws in the partner’s home country.

Getting a K-1 visa for your same-sex partner may not always be easy, and you might need extensive legal assistance along the way. Our local immigration attorneys know exactly what you need to do.

Who Is Eligible for a K-1 Visa?

To qualify for a K-1 visa, both you and your partner must meet certain requirements set by the U.S. immigration law. The process is the same for same-sex and opposite-sex couples.

• You must be a U.S. citizen (not permanent residents)
• You and your partner must intend to marry within 90 days of their arrival
• You must have met in person at least once in the past two years (while such exceptions as cultural or religious reasons exist, they can be hard to prove)
• You must both be legally free to marry
• You must provide evidence of a real relationship, such as photos, messages, and statements from friends and family

You and your fiancé must be ready to provide all the documents that confirm your eligibility. Missing documents can delay the visa process or lead to a denial.

Sponsoring a K-1 Visa

If you are getting a K-1 visa for your same-sex partner, you need to meet the sponsor requirements. As a U.S. citizen sponsor, you must prove that you have an income, which is at least 100% of the Federal Poverty Guidelines for the size of your household. If you can’t meet this requirement, you have the right to add a joint sponsor to the application. To do that, the sponsor has to fill out Form 134 and provide relevant documents that confirm their status and financial assets.

How to Apply for a K-1 Visa

To help your same-sex partner get a K-1 visa, you have to file Form I-129F (Petition for Alien Fiancé(e)) with USCIS and wait for the approval. Once you receive the approval from USCIS, your fiancé must apply for the visa by completing Form DS-160 (Online Nonimmigrant Visa Application) and scheduling a visa interview. The next step is to attend the interview and provide proper proof of the relationship. If the officer approves the visa, they will inform your partner about it during the interview.

Talk About Your Same-Sex Partner K-1 Visa Plans with an Attorney

If you are planning on applying for a K-1 visa for your same-sex partner, consider consulting an attorney. While the process looks straightforward, many obstacles can arise along the way. It is much easier to file all the applications and collect the relevant documents on the first try than to deal with a denial.

Experienced visa attorneys at New Frontier Immigration Law can guide you through the K-1 visa process and help you start your new life with your partner, so call our office today!