Bringing Your Same-Sex Partner to the United States From a Country With Anti-LGBTQ Laws

The United States recognizes same-sex marriages for immigration purposes, but the process becomes significantly more complex when your partner lives in a country where being LGBTQ isn’t just stigmatized. It’s illegal.

So, how do you bring your same-sex partner to the United States from a country with LGBTQ criminalization?

U.S. Immigration Law Recognizes Same-Sex Marriages

Since the Supreme Court’s decision in Obergefell v. Hodges in 2015, same-sex marriages have been recognized as equal to opposite-sex marriages under U.S. law.

What this means for immigration:

• Same-sex spouses of U.S. citizens qualify as immediate relatives with no visa caps
• Same-sex spouses of green card holders qualify under the F2A preference category
• Same-sex fiancés can apply for K-1 fiancé visas
• All rights and procedures for opposite-sex couples apply to same-sex couples

The challenge isn’t U.S. law. The challenge is obtaining necessary documentation from countries that criminalize LGBTQ relationships.

Countries That Criminalize Same-Sex Relationships

Dozens of countries worldwide still criminalize same-sex relationships.

Regions with widespread criminalization:

• Middle East and North Africa
• Sub-Saharan Africa
• Parts of Asia
• Parts of the Caribbean
• Some Pacific island nations

In these countries, being openly LGBTQ can result in arrest, imprisonment, violence, or death. Obtaining official documents that acknowledge a same-sex relationship becomes not just difficult but potentially dangerous.

Your Immigration Options

You have several potential pathways depending on your relationship status.

If you’re married:

File Form I-130, Petition for Alien Relative, to sponsor your spouse for a green card. If you’re a U.S. citizen, your spouse qualifies as an immediate relative. If you’re a green card holder, your spouse falls under the F2A preference category with longer wait times.

If you’re engaged:

File Form I-129F, Petition for Alien Fiancé, for a K-1 fiancé visa. Your partner comes to the U.S., you marry within 90 days, then your partner applies for adjustment of status.

If marriage isn’t possible yet:

Consider whether your partner qualifies for asylum based on persecution or well-founded fear of persecution due to sexual orientation or gender identity.

The Documentation Challenge

Standard immigration petitions require extensive documentation proving your relationship is genuine. This becomes complicated when acknowledging your relationship could lead to prosecution.

Standard evidence USCIS expects:

• Marriage certificate or proof of legal relationship
• Joint financial documents
• Photos together
• Correspondence between you
• Affidavits from people who know you as a couple
• Evidence of visits and time spent together

The problems you’ll face:

Many countries that criminalize same-sex relationships won’t issue marriage certificates for same-sex couples. Your partner may not be able to be openly photographed with you or acknowledge the relationship publicly without risk.

Getting Married in a Third Country

If your partner’s home country doesn’t recognize same-sex marriage, consider marrying in a country that does.

Popular options include:

• Canada
• Mexico
• United Kingdom
• Netherlands
• Spain
• South Africa

Check whether the country requires residency periods before allowing marriage. Verify that your partner can legally travel there.

Once you have a valid marriage certificate from any country that legally performs same-sex marriages, the U.S. will recognize it for immigration purposes.

Proving Your Relationship Without Standard Documentation

When you can’t provide standard documentation because of safety concerns, you need alternative evidence.

Digital communication records:

• WhatsApp, Telegram, or Signal messages showing ongoing communication
• Video call logs and screenshots
• Emails exchanged over time

Financial support:

• Money transfers you’ve sent to support your partner
• Records of purchases you’ve made for your partner
• Receipts for travel expenses to visit each other

Travel records:

• Passport stamps showing you visited your partner’s country or met in a third country
• Flight receipts and hotel bookings
• Photos from trips together, even if taken privately

Testimony from others:

• Affidavits from friends or family members who know you’re a couple
• Letters from LGBTQ organizations you’ve been involved with
• Statements from counselors or therapists

Be prepared to explain why certain standard documentation isn’t available. USCIS officers should understand that requiring documents that could endanger your partner is unreasonable.

Safety Considerations Throughout the Process

Your partner’s safety must be the priority.

Protect your partner:

• Don’t require your partner to come out publicly if it would endanger them
• Be cautious about what documents you request from government agencies
• Consider whether your partner should apply for asylum rather than wait for family-based immigration
• Avoid communications that could be monitored by authorities

At the embassy interview:

Your partner will need to attend an interview at the U.S. embassy or consulate. This creates risks in countries where being LGBTQ is criminalized.

Consider whether your partner can safely attend an interview in their home country or whether they should apply from a third country.

Asylum as an Alternative Option

If your partner faces persecution because of sexual orientation or gender identity, they may qualify for asylum in the United States.

Asylum may be appropriate if:

• Your partner has suffered past persecution
• Your partner has a well-founded fear of future persecution
• The persecution is based on membership in a particular social group (LGBTQ people)
• The government is unable or unwilling to protect your partner

U.S. asylum law recognizes persecution based on membership in a particular social group, and courts have consistently held that LGBTQ individuals constitute such a group.

The K-1 Fiancé Visa Option

If you’re not yet married, the K-1 fiancé visa allows your partner to come to the United States to marry you within 90 days.

Requirements for K-1 visas:

• You must be a U.S. citizen (not available to green card holders)
• You and your fiancé must have met in person within the last two years
• You both must be legally free to marry
• You must intend to marry within 90 days of your fiancé’s arrival

The K-1 process doesn’t require a marriage certificate from your partner’s home country. This can be advantageous when marriage isn’t legally possible there.

What to Expect at the Embassy Interview

Your partner will attend an interview at a U.S. embassy or consulate as part of the visa application process.

What the consular officer will ask:

• How you met and when your relationship began
• Details about your relationship and time spent together
• Why you’re seeking to immigrate through marriage
• Questions specific to your partner’s background

Your partner should be honest and consistent. The officer may ask about the challenges of being LGBTQ in their home country. Your partner should be prepared to discuss these challenges while being mindful of safety.

Get Legal Help for Same-Sex Partner Immigration

At the Law Office of Lina Baroudi, we’ve worked with same-sex couples facing these exact challenges. We understand the safety concerns, the documentation difficulties, and the need for discretion throughout the process.

We can help you determine the best pathway for your situation, whether that’s marriage-based immigration, a fiancé visa, or asylum. We can guide you through gathering evidence that proves your relationship is genuine without requiring documentation that would endanger your partner.

Contact our office today to discuss your specific situation and develop a strategy for bringing your same-sex partner to the United States from a country that criminalizes LGBTQ people.