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Fiance Visa for LGBTQ+ couples

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  • Fiance Visa for LGBTQ+ couples

    My partner is getting an L1B visa from her organization to the USA and we want to move out together from India since India does not allow same-sex marriage we do not have any marriage certificate so can I get a Fiance visa when while my partner is on L1B visa and move with her or what is the way out for us?

  • #2
    What is YOUR status? A K-1 is to bring the fiancee here if they are outside the US and you are a US citizen. If they are already present, you don't need the visa. As long as they entered the US legally, you can marry and apply for an adjustment of status for them (if you are a US citizen or LPR) without a K-1 visa at all.

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    • #3
      Originally posted by sur_gulati View Post
      My partner is getting an L1B visa from her organization to the USA and we want to move out together from India since India does not allow same-sex marriage we do not have any marriage certificate so can I get a Fiance visa when while my partner is on L1B visa and move with her or what is the way out for us?
      No you cannot get an fiancé visa. You partner needs to be a USA citizen.

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      • #4
        Originally posted by sur_gulati View Post
        My partner is getting an L1B visa from her organization to the USA and we want to move out together from India since India does not allow same-sex marriage we do not have any marriage certificate so can I get a Fiance visa when while my partner is on L1B visa and move with her or what is the way out for us?
        You can get a B2 visitor visa to go to the US and marry your partner, and then do Change of Status to L2 status. But since entry on B2 requires no immigrant intent, you must intend to leave the US when your partner's L1 is done.

        This is my personal opinion and is not to be construed as legal advice.

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        • #5
          Unless sur_gulati is already a US citizen or LPR. The question was a bit ambiguous and he's not been back to clarify.

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