Same Sex Fiancee Visa

August 28, 2013 in Attorney Blog

On Friday August 2, 2013, Secretary of State John Kerry announced that the U.S. visa system will now treat same sex fiance visa cases exactly the same as it treats straight fiance visa cases. Kerry stated that the State Department was “tearing down an unjust and an unfair barrier that for too long stood in the way of same-sex families being able to travel as a family to the United States.”

Homeland Security Secretary Janet Napolitano announced last month that the USCIS would process same sex fiancee visa and marriage visa cases “in the same manner as those filed on behalf of an opposite-sex spouse”.

I have already filed a same sex marriage visa case and I am presently preparing other same sex cases for USCIS submission. I fully expect the USCIS to treat these same sex cases exactly the same a opposite sex cases. In other words, these cases will require the same substantial preparation and proof that my other cases require. The petitioner will need to establish the romantic bona-fides of the same sex relationship in addition to meeting all the other requirements of the fiance visa or marriage visa.