US Visa Types for LGBTQ+ Couples

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G.A.M. Legal Alliance > Services > Family Law > US Visa Types for LGBTQ+ Couples

As you will know that same-sex marriage in Thailand. The laws for LGBTQ+ marriage has not become a reality as the laws have not been implemented right now. If you are an American and want to take you partner back to the US, then read further. The United States offers legal recognition and opportunities to unite LGBTQ+ couples. There are three options as an US citizen but this will depend on which country your partner is from.

US Visa Types for LGBTQ+ Couples

The basic overview below will show you that there is a fiancee visa for the US or K-1 Visa from Thailand, however this is for unmarried couples. This can be used in Thailand. The second is a marriage visa or K3 visa from Thailand which is for married couples. Lastly this visa would mainly be used where same-sex marriage is already legal and recognized.

1. Fiancee Visa (K-1): Eligibility for LGBTQ+ Couples

As a same-sex couple, you don’t need to be married in Thailand as this is currently not possible. Much like a heterosexual couple, the K1 visa is still available to you. There is however a condition much like the heterosexual couple. You will need to get married in the US within 90 day when landing in the US. Let us take a look at the visa itself. The K1 visa is for foreign nationals who are engaged to a US citizen. You will note that LGBTQ+ couples are eligible to apply for this visa under the same terms as heterosexual couples, provided you meet all the needed requirements.

Eligibility Criteria:

1. You as the US petitioner for this K-1 visa must be a U.S. citizen not a permanent resident. Likewise you will need to prove that you are a US citizen during the application for the visa.

2. Additionally you and your partner must be legally free to marry. You cannot be married to someone else while applying. They will require a divorce decree. Many applicants may have been involved in a heterosexual relationship before and legally married.

3. Note that you should have met your partner that you are engaged to in person at least once within the two years preceding the application.

4. Likewise as a couple, you must intend to marry within 90 days after entering the US.

Required Documents:

• Form I-129F (Petition for Alien Fiancée).

• You must also prove your U.S. citizenship (e.g., passport, birth certificate).

• Likewise show your evidence of a bona fide relationship. This can be photos of the two of you together. Check the dates on the photos if needed. In addition any letters that you might have written to each other. This today is mainly emails. Check how to print this to show dates as well. Any places you have visited as a couple. This with travel itineraries.

Check with the immigration lawyer if you will also need sworn affidavits from family and friends that can confirm the relationship. Lastly you might have flight tickets together as well as your partner obtaining a police clearance in Bangkok. This is where they take fingerprints in Thailand. This is usually the biggest problem for the visa. Check all your documents or there will be a Request for Further Evidence. This is the RFE which causes delays in most applications.

Process:

1. File Form I-129F with the U.S. Citizenship and Immigration Services (USCIS). Note that you will need to include the supporting evidence of the relationship as well as pay the filing fee. You will need to keep certified copies of the documents as well as the copy of the fee payment as this is needed at the visa interview. There must also be Thai to English translations of the documents which are also need to be included. See the article that we wrote on translating visa documents as well.

• Failure or errors will mean a long delay as you file the Form I-290B which is either the the Notice of Appeal or Notice of Motion. Those are long delays. Likewise there is also the need for the DS160 Form which needs to be completed with the Declaration of Financial Support as well. Once they receive the documents they will issues a Notice of Action 1.

2. Approval by USCIS: Once the application is approved you will get the Notice of Action 2. Then the petition is forwarded to the National Visa Center (NVC). Further processing will occur again. Once completed the documents will be sent to the Embassy. See Notice 1 as well as Notice 2 explained on this website.

3. K-1 Visa Interview: The US visa interview in Bangkok is also explained. You will note that your Thai partner needs to attend the interview at the U.S. embassy or consulate in the Thailand. The is the US medical examination in Bangkok as well as submitting biometrics and the documents from the medical examination. Don’t open the envelope. Likewise your partner needs to answer questions about the relationship.

4. Entry to the U.S.: Once your Thai partner arrives in the US. Likewise once the visa has approval, your partner receives the K-1 visa and can enter the U.S., but must marry you as the U.S. citizen partner within 90 days after arrival.

5. Adjustment of Status: Likewise, after marriage, your partner applies for a green card through Form I-485.

2. Marriage-Based Green Card

This is not applicable in Thailand (yet) as there are no rules as to same-sex marriage. Once this comes to fruition then we will need to look at this again later in 2025. So, when hopefully in 2025 this comes to light and the current rules are adjusted be this family law and immigration. We will need to take a look at this again. These are based on the current rules globally where same-sex marriages are allowed.

Note that for LGBTQ+ couples who are already married. There is the option for the marriage-based green card. This is a direct pathway for your foreign (hopefully in 2025 your Thai spouse and you as the U.S. citizen or permanent resident) allowing them to immigrate. This process differs based on whether the couple married. Lastly this in the country that recognizes same-sex marriage. Lastly also see the article on lgbt rights in Thailand on here.

Eligibility Criteria:

1. Firstly your marriage will need to be legally valid in the place where it occurred. Currently that cannot be Thailand as same-sex marriage has not worked its way to the public as yet.

2. Secondly you must be a U.S. citizen or lawful permanent resident.

3. Lastly your Thai fiancee must meet admissibility requirements (e.g., no significant criminal history).

Required Documents:

• Form I-130 (Petition for Alien Relative). This was explained above as well.

• Marriage certificate (translated if not in English). Thailand does not have this yet.

• Proof of a bona fide marriage, such as:

– Joint financial documents such as lease agreements etc.

– Photos of you together as a couple. Very important, see visa rejections.

– Correspondence such as emails and DM’s between the two of you.

• Your US birth certificate will be needed or proof of U.S. citizenship or permanent residency. Speak to our immigration lawyer in Bangkok about this.

• Likewise your Thai fiancee will need a Police clearance certificate.

• The unopened results of your partners medical examination report.

Process for Couples Married Recognizing Same-Sex Marriage:

File the Form I-130.This gets filed with the USCIS to establish the marital relationship. See above as we have already explained this is great details. You will get a Notice of Action 1 when they received the documents. If there are issues then a RFE K1 visa. Then a Notice of Action 2 when it is completed and approved and sent to the NVC.

National Visa Center (NVC) Review: The documents then move forward to the next step as stated above. They will review the petition. When it is complete they will send it to the US Embassy in Bangkok.

Consular Processing: Your spouse then attends an interview at the U.S. embassy or consulate with all the documents in hand again including the medical review and all the documents that you have submitted before.

Adjustment of Status (if already in the U.S.): Once back in the US your Thai spouse can then they can file Form I-485 concurrently with Form I-130 to adjust their status to permanent resident. Speak to as as a law firm Bangkok.

Process for Couples Married Without Same-Sex Marriage Recognition:

Note that currently should the couple get married in a country where same-sex marriage is recognized. The U.S. will honor the marriage if it is valid in the jurisdiction where it was performed. Likewise the process is the same for same-sex marriages as it is for heterosexual couples. Lastly also see the article that we wrote on same sex marriage in Thailand for foreigners as well.

3. Considerations for Asylum Applications Based on LGBTQ+

If you are an LGBTQ+ individual and you are facing persecution in your home country. This is because of your sexual orientation or gender identity. You will note that the United States now offers asylum as a humanitarian protection. This can be pursued independently or this can also be in conjunction with family reunification efforts for LGBTQ+ couples. See also the Thailand marriage equality on here.

Eligibility Criteria:

1. You will need to show that you have a fear of persecution based on you gender orientation. Note that this has not occurred in Thailand and has been added in the event that someone else might read the article.

2. Note however that your persecution will need to be from the government as well as any groups that the government will not control.

3. Lastly you will need to apply for asylum within one year of entering the U.S.. There may be exceptions for exceptional circumstances.

Required Documents:

• Form I-589 (Application for Asylum and for Withholding of Removal).

• You will need to provide a detailed personal statement describing the persecution.

Evidence of persecution, such as:

• Local police reports that you laid, about intimidation or other violent encounters.

• In addition any medical records if you have been assaulted.

• Additionally news articles about the treatment of LGBTQ+ individuals in your country.

• Expert affidavits or country conditions reports from human rights organizations.

Process:

1. Complete the Form I-589. Include your supporting evidence as well as your own personal statements and documents from police filling(s) and documented evidence from organizations and the government to show persecution.

2. Asylum Interview or Immigration Court Hearing: You will need to attend an interview with an asylum officer. Likewise you will need to present your case and bring your documents again to explain your situation in your country.

3. Decision: Now, if you are granted asylum. Then you can live in the United States and apply for a green card after one year.

Comparative Overview: Countries Recognizing vs. Not Recognizing Same-Sex Marriage

	Recognizing Same-Sex Marriage	Not Recognizing Same-Sex Marriage

Marriage Documentation	Marriage certificates are directly accepted by USCIS	Likewise marriage may require traveling to a third country.
Adjustment of Status	Straightforward process based on recognized marriage.	May face additional scrutiny if married in a third country.
Cultural Challenges	Fewer barriers to obtaining evidence of bona fide marriage.	Fear of exposure may limit ability to provide evidence.
LGBTQ+ Asylum	Less likely to apply if marriage is recognized.	May rely heavily on asylum if persecution is present.

Final Thoughts

To bring about equal treatment for couples, the US laws have to take unique considerations into account. You can plan effectively if you understand the process. This for the K1 visa for LGBTQ as well as the marriage visa for LGBTQ. Those people who want to get married they might consider a third country. Lastly you should also seek legal assistance or guidance from LGBTQ+friendly immigration attorneys in Thailand.