Are you and your partner in another country that does not allow the same sex marriage? Once in the U.S., you are able to marry within a state that allows such marriages and the immigrant spouse has the possibility of applying for a permanent residence. Below are some questions you may be facing about moving to the U.S. with your partner.
Q: You and your partner are considering moving to the United States, but are not sure on how to get a visa and his /her home country does not allow same sex marriages. He/she has tried to obtain a U.S. tourist visa, but the U.S. consular office was not amused that he/she would want to return to his/her home country.
A. If your partner is college educated, is not married, does not have official employment papers, and does not own property; bring your partner and yourself to the United States on a K-1 Fiance visa to move to the United States, and then marry your partner in a state where same sex marriage is permitted. Later, he/she will have the possibility to apply for permanent residence.
There have been many questions about the rules on same sex petitioning, exactly what are these rules?
Only the individual who is a U.S. Citizen can petition for a fiancé(e). In order to petition to get a fiancé(e) a K-1 fiancé(e) visa, the I-129F Petition for Alien Finance must be filed by the USCIS. The process between filing and the interview that your partner will have with a U.S. consulate abroad, should take approximately 9 months. During this time period, the K-1 fiance visa for same sex couples holder has the opportunity to come to the United States for 90 days. Upon marriage, the partner then may apply for an immigrant visa through the USCIS with an Application to Adjust Status or Register Permanent Residence, form I-485.
It must be proven by a U.S. citizen petitioner that there was a face to face meeting with the fiancé(e) prior to 2 years before filing. Providing proof should not be an issue, however, the definition of a face to face meeting may vary. For petitioners based in the U.S., in order to have proof of a meeting, this must include things such as hotel bills, photos, and plane tickets together. This is to justify that the relation you have is real, so it is also required to show proof of emails, phone records, or letters.
