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How Does Family-Based Immigration Work for Same-Sex Couples?


Family-Based Immigration and Same-Sex Couples

Same-sex couples have enough challenges to overcome, but adding matters of immigration to the mix can pose even more obstacles. Same-sex couples have the same rights as straight couples when it comes to obtaining a fiancé visa. If you want to marry a foreign national of the same-sex, here’s what you need to know to get the process started.

How Does Gay Marriage Work Under Immigration Law?

Since same-sex marriage is legal in all fifty states, lesbian, bisexual, and transgender (LBGT) persons have the same immigration rights as those of the opposite sex. While gay marriage immigration laws can be complicated, family-based immigration laws allow a U.S. citizen or lawful permanent residents to sponsor a spouse in obtaining a family-based visa, green card, or naturalizing in the same manner as straight couples.

Who is Eligible for a Fiancé Visa?

If your partner is of the same sex, you are eligible to sponsor them through a K-1 visa (fiancé visa) if you meet the following requirements:

  • You are a U.S. citizen.
  • You have met your fiancé in person within the last two years.
  • You and your fiance are legally able to marry and have dissolved all prior marriages through divorce, annulment, or death.

Sexual Orientation and Persecution in Your Home Country

Many countries have strict laws against people who are lesbian, gay, bisexual, or transgender. If you are from a country that persecutes individuals because of sexual orientation, you have rights.

If you are an immigrant who fears being harmed or persecuted upon return to your home country, it’s imperative that you contact an immigration attorney as soon as possible to find out if you’re eligible for asylum in the United States.

Contact an Orange County Immigration Attorney

The process of obtaining a fiancé visa is complicated — when it comes to gay marriage and immigration, having an experienced attorney on your side can make all the difference.

If you and your fiancé need assistance with applying for a K-1 visa, we can help. Contact Yekrangi & Associates today at (949) 478-4963 to find out how to get started.

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