Fiancé Visa and Gay Marriage

Reply Sat 26 Apr, 2014 03:32 am
Ok here's the story. My fiancé and I have been together for 3 years, as classmates and as girlfriends. Now that we have graduated, me, being a US citizen, have to go home to North Carolina. I plan on petitioning for my fiancé once I get a stable job and settle down. My only problem is, NC does not support gay marriage.

So I was thinking, why not just get married somewhere that legally recognizes same sex marriage and come back to NC after that. We need to be closeby or if not, with my family, who lives at NC, for atleast a few years.

Would that be possible? Any thoughts or experience?
Peter Frouman
Reply Sat 26 Apr, 2014 02:03 pm
You should consult an immigration lawyer to get professional advice on the available options and help you navigate the process.

Most likely the best option will be for your fiancé to obtain a K-1 visa to enter the U.S. You can get married in any U.S. state that officially recognizes same sex marriage. You don't have to live in that state. Once you're married, she can apply for an adjustment of status to become a legal permanent resident and for a work permit while the adjustment application is pending. The process can take awhile (sometimes only 6 to 9 months but in some cases it could be a year or more) so the sooner you get started the better.

See the following links for more info:


U.S. Visas for Same-Sex Spouses FAQ


Q: Do we have to live or intend to live in a state in which same sex marriage is legal in
order to qualify for an immigrant or nonimmigrant visa?

A: No. If your marriage is valid in the jurisdiction (U.S. state or foreign country) where it took place, it
is valid for immigration purposes.

Q: I am a U.S. citizen who is engaged to be married to a foreign national of the same
sex. We cannot marry in my fiancé's country. What are our options? Can we apply for a
fiancé K visa?
A: You may file a Form I-129F and apply for a fiancé(e) (K) visa. As long as all other immigration
requirements are met, a same-sex engagement may allow your fiancé to enter the United States for
the purpose of marriage

0 Replies
Reply Tue 9 Dec, 2014 06:21 am
You should bring your partner to the United States on an K-1 Fianacé (e) visa, then marry her in a state that allows same-sex marriages. Then, she can apply for permanent residence.
0 Replies

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