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Fiance visa for my gay partner

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.

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Attorney answers 8

Posted

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 situation that would be very important to how an attorney would advise you to proceed. An attorney would need to talk with you in detail before giving you specific advice.

Posted

Yes

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

Asker

Posted

Where can I find the information that explains the law regarding this matter? thanks

Posted

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 Michael Carlin PLLC or any individual member of the office. Confidential information should not be sent through this form.

Posted

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.ImmigrationDesk.com. Law Office of Anu Gupta. The advice suggested here is for general information only and not to be construed as legal advice.

Posted

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

Asker

Posted

Unlike same-sex marriage, I couldn't find any specified guidance for fiancé visas for same-sex couples on USCIS website. How can I ensure that I can legally sponsor for my partner under fiancé visa category? Thank you.

Posted

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.

Posted

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 provided for informational purposes. I cannot provide legal advice specific to the facts of your particular case without a signed contract in which you have agreed to allow me to represent you.

Asker

Posted

Same-sex marriage is not legal in Turkey and he can not travel to the U.S since they do not issue him a visa.

Posted

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. This reply does not create an attorney/client relationship.

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