Can You Bring Your Same-Sex Spouse to the USA?

So, you’re a U.S. citizen or permanent resident and in a same sex relationship. Can you bring your spouse or fiancé to the United States? The answer is yes. A U.S. citizen or permanent resident can file Form I-130 to bring a spouse to the United States and obtain permanent resident status. The key is whether the place where you’re celebrated your wedding legally recognizes your same sex marriage.

If you’re marrying a Thai national, you’ll need to travel outside of Thailand. For because the kingdom does not currently allow for same sex marriages. If you and your fiancé, for instance, can travel to the U.S., U.K., Australia, or Canada under a visitor visa, and you marry in any of those jurisdictions, USCIS will recognize your marriage.

Now, if you’re engaged, a U.S. citizen or permanent resident can file Form I-29F, and if you otherwise meet the requirements for a K1 visa, you can bring your fiancé to the United States. You’ll have 90 days to get married. After you’re married, you can file for an adjustment of status to obtain permanent residence status for your spouse.

Just keep in mind, this is taking about 5 to 7 months, and your spouse will not be able to leave the U.S. until the adjustment of status is completed. If you’re interested in learning more about same sex visa options, we’d be happy to host a free consultation. You can reserve time on our website. or by writing to us at hello@btisolutions.co

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