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K-1 Visas: LGBTQIA+ applicants

On Behalf of | Mar 10, 2023 | Immigration

As readers of this blog know, we often post about immigration and the K-1 fiancé visa process. In fact, in a recent blog, we discussed the basic requirements for this popular fiancé visa. And, in this post, we will focus on how Berkeley, California, LGBTQIA+ applicants can also use the K-1 fiancé visa process as well.


As a quick recap on K-1 eligibility, you must be eligible to legally marry, your fiancé must enter the United States legally and there are K-1 file and payment requirements. Finally, once approved, you must marry your fiancé within 90 days of your fiancé’s receipt of the K-1 visa and entering the United States. But, are there any roadblocks or restrictions for LGBTQIA+ applicants?

The good news

Currently, since the fall of the Defense of Marriage Act, United States consulates treat same sex couples and intersex couples identically to their opposite-sex counterparts. So, if you are able to be married, if you and your spouse meet all K-1 requirements, your gender identities and sexualities do not sway the application process. Even if same-sex marriage is illegal in your partner’s home country, a properly filed K-1 visa application can allow your fiancé to enter the United States legally to marry you here in Berkeley, California.

Final thoughts

Does the K1 process have a lot of complex steps and questions? Yes. Do you need to be worried that you will be denied a visa on the basis of your identity? No. We all know your Berkeley, California, relationship is endowed with the same rights as opposite-sex or heterosexual couples, but you still have to fight for your rights and make sure everything is buttoned up, legally speaking.

Getting help

As such, it can be important to seek help with the application process from a knowledgeable Berkeley, California, immigration attorney who can assist you in making sure you meet all initial requirements and fulfill all requirements to complete the K-1 visa. Failure to meet the requirements of the K-1 can result in deportation for your fiancé and even mean they are blocked from applying again.