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 Fianc Immigration Visa For Same Sex-Couples
DOMA's downfall also opens the door to the K-1 Fianc visa. Created by Congress more than 40 years
ago, the K-1 visa has provided theimmigration visas vehicle for a foreign-national fianc 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 fianc
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.
KeilHackley is an immigration attorney and partner at Hackley& Robertson, a top U.S. naturalization and
immigration law firm. Hackley& Robertson, P.A. is dedicated to helping individuals and companies
navigate United States immigration law. With a team that includes former INS attorneys and
investigators, Hackley& Robertson is skilled and focused on helping clients with their immigration law
cases. Based in Fort Lauderdale, Florida, Hackley& Robertson works with both companies and
individuals.
For more information immigration visas visit our website.