A U.S. citizen may file a K-1 petition for a foreign fiancé of the same sex when the couple meets the legal requirements. The couple must intend to marry each other within 90 days after the fiancé is admitted in K-1 status. The marriage must take place in a jurisdiction where it is legally permitted.
Core K-1 Requirements
- The petitioner is a U.S. citizen
- Both partners are legally free to marry
- They have a genuine intention to marry within 90 days of K-1 admission
- They generally met in person during the two years before filing, unless a narrow waiver applies
USCIS explains the current process in its official K-1 process guide.
Evidence When the Relationship Was Private
Some couples have limited photographs, shared travel, or public social-media history because disclosure could create family, employment, or safety problems. That does not automatically defeat the case. The petition should explain the real relationship and use truthful evidence such as communications, visits, financial support, affidavits, and future plans.
Interview and Country Conditions
The consular post may ask about the relationship and prior immigration history. Couples should prepare for respectful but detailed questions. If local conditions create a concrete safety or privacy concern, raise it thoughtfully and follow the post’s procedures rather than submitting false information.
After Entry
The K-1 beneficiary must marry the same U.S. citizen petitioner within 90 days and then seek adjustment of status. The K-1 is not a general route to enter and later choose another partner. Children, prior marriages, waivers, criminal records, and removal history require separate review.
Lea también nuestra guía de visa K-1 en español.
Private, Case-Specific Guidance
Call 203-373-9080 for a brief telephone evaluation or use the form on this page. A full virtual or office attorney consultation is ordinarily paid. Contacting the firm does not create an attorney-client relationship.
Reviewed October 10, 2026. Immigration rules and agency procedures can change. This information is general and is not legal advice.