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.
J Charles Ferrari
Eng & Nishimura
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Yes, that is possible at this time. Best of luck to you.
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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.
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.
Why not marry your partner and sponsor him for the green card?
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