For LGBTQ couples, the K-1 fiancé(e) visa offers a pathway to build a life together in the United States. This visa allows a U.S. citizen to sponsor their foreign fiancé(e) to enter the country, provided they marry within 90 days of arrival.

While the process is largely the same for same-sex and heterosexual couples, LGBTQ applicants often face unique challenges, particularly if the foreign partner comes from a country where same-sex relationships are not legally recognized or are criminalized.

This guide explores how LGBTQ couples can successfully navigate the K-1 visa process while addressing potential obstacles.

What Is a K-1 Visa?

The K-1 visa is a nonimmigrant visa that allows the foreign fiancé(e) of a U.S. citizen to enter the United States for the purpose of marriage. Once married, the foreign spouse can apply for adjustment of status to become a lawful permanent resident (green card holder).

For LGBTQ couples, this visa offers an essential route to reunite and build a future together, especially when living in countries hostile to LGBTQ rights is no longer an option. Since the landmark Windsor decision in 2013 and Obergefell v. Hodges in 2015, same-sex marriages have been recognized under U.S. federal law, ensuring equal access to immigration benefits like the K-1 visa.

Eligibility Requirements for LGBTQ Fiancé(e) Visas

To qualify for a K-1 visa, LGBTQ couples must meet the same criteria as heterosexual couples:

• The U.S. citizen must file a Petition for Alien Fiancé with U.S. Citizenship and Immigration Services (USCIS).
• The couple must prove they have met in person at least once within the past two years (with limited exceptions).
• Both partners must be legally free to marry and intend to marry within 90 days of the foreign partner’s arrival in the U.S.
• The relationship must be bona fide, meaning it is genuine and not solely for immigration purposes.

Unique Challenges for LGBTQ Couples

While U.S. immigration law treats same-sex couples equally, LGBTQ applicants may encounter additional hurdles:

Proof of Relationship

In countries where same-sex relationships are not legally recognized or are stigmatized, gathering evidence of a genuine relationship can be difficult. Couples may need to provide alternative documentation such as:

• Photos together during visits
• Travel itineraries
• Communication records (emails, chats, etc.)
• Affidavits from friends or family attesting to their relationship

Consular Processing Risks

If the foreign partner lives in a country hostile to LGBTQ individuals, attending an interview at their home consulate can be dangerous. To address this, USCIS allows third-country processing on a case-by-case basis. Couples can request that the interview take place at an alternative consulate in a safer country by submitting an urgent request after receiving confirmation of their I-129F petition.

Cultural Barriers

Adjusting to life in the U.S. as an LGBTQ couple may involve navigating new cultural dynamics and finding inclusive spaces where both partners feel safe and supported.

Steps in the K-1 Visa Process

1. File petition with USCIS: The U.S. citizen begins by filing this petition with USCIS, including evidence of their relationship and eligibility.
2. Receive Approval Notice: Once approved, USCIS forwards the application to the National Visa Center (NVC), which schedules an interview at the designated consulate.
3. Prepare for Consular Processing: The foreign fiancé(e) completes Form DS-160 and gathers required documents such as birth certificates, police clearances, medical exams, and proof of relationship.
4. Attend Visa Interview: The foreign partner attends an interview at their consulate or an alternative location if third-country processing is approved.
5. Enter the U.S.: Upon receiving the K-1 visa, the foreign fiancé(e) enters the U.S., and the couple must marry within 90 days.
6. Apply for Adjustment of Status: After marriage, they file Form I-485 to begin the green card application process.

K-1 Visa: Opportunity for LGBTQ Couples

The K-1 visa process offers LGBTQ couples a vital opportunity to build their lives together in safety and love within the United States. While challenges may arise—particularly for those from countries hostile to LGBTQ rights—understanding your options and seeking support from legal advocates can make all the difference in achieving your dream of living together freely.

FAQs About LGBTQ Fiancé(e) Visas

Can same-sex couples apply for K-1 visas?

Yes! Same-sex couples are eligible for K-1 visas under U.S. law.

What if my fiancé(e)’s home country criminalizes LGBTQ relationships?

You can request third-country processing for consular interviews if attending one in their home country poses risks.

How do we prove our relationship is genuine?

Provide photos, travel records, communication logs, and affidavits from people who know you as a couple.

What happens after we get married?

After marriage, your spouse can apply for adjustment of status to obtain permanent residency.

Do we need legal help?

While not required, working with an immigration attorney can help navigate challenges unique to LGBTQ couples.