US Immigration Visas and Same-Sex Couples: K-1 Fiance and B-2 Tourist
Rules regarding U.
S.
immigration visas for same-sex couples look to be changing.
History was made on June 26, 2013 when the Supreme Court struck down key provisions in the Defense of Marriage Act (DOMA), which denied federal benefits to couples in same-sex marriages.
Today, a U.
S.
Citizen, or lawful permanent resident, may sponsor his or her same-sex partner for an immigrant visa ("green card") so long as all eligibility requirements are met.
Similarly, for the first time in immigration history, a same-sex spouse may apply for lawful permanent resident status as the beneficiary of his or her spouse's employment-based green card application.
K-1 Fiancé Immigration Visa For Same Sex-Couples DOMA's downfall also opens the door to the K-1 Fiancé visa.
Created by Congress more than 40 years ago, the K-1 visa has provided the immigration vehicle for a foreign-national fiancé of a United States Citizen to travel to the United States and marry his or her U.
S.
Citizen sponsor within 90 days of admission so long as the relationship is bona fide.
Once in the United States, the foreign national fiancé must make application to adjust his or her status to that of a lawful permanent resident, an application filed with U.
S.
Citizenship and Immigration Services (USCIS).
Depending upon the specific facts of the couple's case, the K-1 visa may now be a viable consideration for a U.
S.
Citizen engaged to their partner living abroad.
Having a Partner Join You in the U.
S.
The question often put to immigration attorneys is what can be done in the case involving a nonimmigrant granted a U.
S.
work visa who wishes to have their unmarried partner (same-sex or opposite -sex) join them in the United States.
In cases where a couple is not married, the foreign national partner is not eligible for a derivative visa.
For example, unlike the legal spouse of an H-1B Specialty Worker who may apply for an H-4 derivative visa, a cohabitating partner of an H-1B visa holder is not eligible for an H-4 visa.
In a case such as this, options are very limited.
Consideration may be given to making application to the U.
S.
Embassy in his or her home country for a B-2 Tourist Visa.
This category has been recognized by the U.
S.
Department of State for certain cohabitating partners and was specifically addressed in 2001 when the Department issued guidance to its consular and diplomatic posts on this very issue.
However, besides proving that the couple's relationship is bona fide, the accompanying partner must otherwise overcome the challenges associated with the B-2 application process.
S.
immigration visas for same-sex couples look to be changing.
History was made on June 26, 2013 when the Supreme Court struck down key provisions in the Defense of Marriage Act (DOMA), which denied federal benefits to couples in same-sex marriages.
Today, a U.
S.
Citizen, or lawful permanent resident, may sponsor his or her same-sex partner for an immigrant visa ("green card") so long as all eligibility requirements are met.
Similarly, for the first time in immigration history, a same-sex spouse may apply for lawful permanent resident status as the beneficiary of his or her spouse's employment-based green card application.
K-1 Fiancé Immigration Visa For Same Sex-Couples DOMA's downfall also opens the door to the K-1 Fiancé visa.
Created by Congress more than 40 years ago, the K-1 visa has provided the immigration vehicle for a foreign-national fiancé of a United States Citizen to travel to the United States and marry his or her U.
S.
Citizen sponsor within 90 days of admission so long as the relationship is bona fide.
Once in the United States, the foreign national fiancé must make application to adjust his or her status to that of a lawful permanent resident, an application filed with U.
S.
Citizenship and Immigration Services (USCIS).
Depending upon the specific facts of the couple's case, the K-1 visa may now be a viable consideration for a U.
S.
Citizen engaged to their partner living abroad.
Having a Partner Join You in the U.
S.
The question often put to immigration attorneys is what can be done in the case involving a nonimmigrant granted a U.
S.
work visa who wishes to have their unmarried partner (same-sex or opposite -sex) join them in the United States.
In cases where a couple is not married, the foreign national partner is not eligible for a derivative visa.
For example, unlike the legal spouse of an H-1B Specialty Worker who may apply for an H-4 derivative visa, a cohabitating partner of an H-1B visa holder is not eligible for an H-4 visa.
In a case such as this, options are very limited.
Consideration may be given to making application to the U.
S.
Embassy in his or her home country for a B-2 Tourist Visa.
This category has been recognized by the U.
S.
Department of State for certain cohabitating partners and was specifically addressed in 2001 when the Department issued guidance to its consular and diplomatic posts on this very issue.
However, besides proving that the couple's relationship is bona fide, the accompanying partner must otherwise overcome the challenges associated with the B-2 application process.
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