Fiance visa for my gay partner

Asked about 1 year ago - Seattle, WA

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.

Attorney answers (8)

  1. Lisa Ellen Seifert

    Pro

    Contributor Level 11

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    Answered . 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.

    This is general advice, and does not constitute an attorney client relationship.
  2. J Charles Ferrari

    Contributor Level 20

    6

    Lawyers agree

    Answered . Yes

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
  3. Daniel Patrick Hanlon

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . Yes, as long as the State in which you intend to marry acknowledges same-sex unions.

  4. Michael Hugh Carlin

    Contributor Level 18

    5

    Lawyers agree

    Answered . Yes, that is possible at this time. Best of luck to you.

    (734) 369-3131. This communication does not establish and attorney-client relationship with the Law Office of... more
  5. Anu Gupta

    Pro

    Contributor Level 19

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    Answered . I agree with my colleagues.

    Business Immigration Attorney. For H, L, J, EB5s, PERM and EB1/2/3 Petitions. Call 800-688-7892 or visit www.... more
  6. Greg McLawsen

    Pro

    Contributor Level 10

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    Best Answer
    chosen by asker

    Answered . 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!

    Please do not rely on this general information without consulting an attorney. There may be facts about your... more
  7. Lynn Marie O'Brien

    Contributor Level 13

    4

    Lawyers agree

    Answered . Why not marry your partner and sponsor him for the green card?

    For a consultation, please call me at 240-395-1506 or contact me at lobrien@ornerobrien.com. This response is... more
  8. Barbara A Marcouiller

    Pro

    Contributor Level 14

    Answered . Technically, yes you can file. Note, however, you will need to establish the genuine and ongoing relationship just as in any fiancee case. It may not be easy or straightforward.

    This reply is intended only as general information and does not constitute legal advice in any particular case.... more

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