I am a U.S citizen. My gay partner is from Turkey and resides in Turkey. Can I file a fiancé visa to bring him to the U.S for marriage? Thanks.
This is an exciting area - considering the recent changes. Immigration (USCIS) has announced guidance about same sex marriage on the uscis.gov website. I would check there first. What we know for sure is that same sex married people can apply for spouse status with USCIS, so long as the marriage was legal in the place where it was performed. I do not know of specific guidance for fiances yet. Perhaps other lawyers will chime in with other information.
There is not official guidance yet on how K-1 fiance visas will work precisely in this context. But it's fair to say practitioners universally agree that someone in your situation, with a legitimate relationship, can file a K-1 petition. Normally I would encourage someone in your situation to consider marriage before filing a petition (this makes the process simpler). But my understanding is that Turkey does not acknowledge the validity of same-sex marriages.
The difficulty will likely be simply documenting your relationship. A gay attorney friend of mine - in the Foreign Service - reported a cold reception in Turkey. If your partner has needed to keep the relationship discrete this can make it slightly more difficult to document - but this is only a challenge, not a bar.
Like Ms. Seifert, I'm very excited to see this long-overdue opportunity. I founded the GLBT rights organization and my law school and would be happy to chat for a few minutes on the phone if you have other questions - we need to start filing these petitions!
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