US citizens in same sex marriages can now bring their foreign born partners to the United States and live legally in America with them. Likewise, US citizens can bring their foreign national same-sex fiancé(e)s to America and get married to them in the country. They can bring them to the country by getting them K-1 fiancé(e) visas. To get their fiancé(e)s K-1 visas, they need to file Form I-129F, Petition for Alien Fiancé(e), along with some supporting documents, with the USCIS.
The Defense of Marriage Act, earlier prevented US citizens from sponsoring their same sex foreign partners and fiancé(e)s for US Green Cards and visas. As this Act has been turned down by the Supreme Court, US citizens can now get K-1 visas for their fiancé(e)s and bring them to America.
At the same time, US citizens must remember that they must not file applications for K-1 visas, if they seek to sponsor their spouses. K-1 visas are meant only for the fiancé(e)s of US citizens. US citizens need to petition their spouses using the I-130 application.
People who seek to file applications for K-1 visas and bring their fiancé(e)s to America,
- should be US citizens. (Green Card holders cannot sponsor their fiancé(e)s).
- must establish by submitting documentary evidence that they and their fiancé(e)s are both legally free to get married.
- need to prove that, all their previous marriages and that of their fiancé(e)s have ended by divorce or annulment.
- must prove that they have met their fiancé(e)s in person.
US citizens must remember that they and their fiancé(e)s must get married to each other, prior to the expiration of the K-1 visas. K-1 visas are good only for 90 days. If they do not get married to their fiancé(e)s within 90 days, their fiancé(e)s may not be permitted to remain in America and may be placed in removal proceedings.
Once they and their fiancé(e)s get married to each other, their fiancé(e)s can apply for adjustment of status and get US Green Cards. If their fiancé(e)s have minor children, US citizens can get those children K-2 visas and bring them to America along with their fiancé(e)s.