Love, as it is said and observed today, is not bound by color, race, or even the nationality of the individual. Notably, for those same-sex couples who wish to travel or spend some time in the United States, there are legal avenues that can be taken lightly to fulfill this wish. Here is detailed information about how same-sex partners can join temporary visa holders and a list of temporary visas available with an explanation of how Same-Sex Visa Holders can travel to the U.S.
Understanding the Legal Landscape: Same-Sex Visa Holders
The sitting U. S. Supreme Court left the country with fewer standard provisions within the Defense of Marriage Act (DOMA) – effectively redefining marriage within the United States based on gender. This historic ruling allowed the spouses in the marriage between two people of the same gender to have the same perks as the opposite-gendered ones about immigration. This was a crucial turning in the fight for LGBTQ+ rights of the American population.
For those to know about the immigration rules and regulations for the green card or visa for the same spouse, the Nolo’s section of the LGBTQ Rights and U. S. Immigration Law is a great help.
But it is important to realize that these new rights are compliant with being legally married to someone of the same sex only. That then brings us to the question of what choices couples in a domestic partnership or civil union have to travel to the United States collectively on a non-immigrant, short-stay visa.
Derivative U.S. Visas for Married Same-Sex CouplesSame-Sex Visa Holders
There is a possibility that the use of a “derivative visa” can ease this process as these visas are extendable to legally recognized same-sex and opposite-sex partners. Derivative visas often reflect the same letter code as the visa of the principal applicant. Overall, to obtain a derivative visa, the spouse is required to provide a valid marriage certificate and other necessary documents, which takes about seven working days as mentioned above.
For example, if the person who gets the primary visa is an F-1 student, then they are allowed to bring an F-2 spouse with them. Interestingly, the F-2 visa validity period is the same as that of the F-1 visa and in some circumstances, the derivative spouse is permitted to work in the United States.
Exploring Options for Unmarried Couples
However, as has been seen above, certain types of partnerships and civil unions are legally recognized domestically but they do not have comparable status as marriage in the case of immigration. Therefore, if you and your partner have not pledged to formally get married, your partner will not be able to have a visa that allows him/her to enter the UAE based on your immigration status. However, there are alternative routes to explore:
Option 1: Marriage in a Same-Sex Marriage-Friendly Location
To be on the safe side, try to wed your partner in a state or country that recognizes and performs same-sex wedding ceremonies. After this, some recognized standard procedures will allow you to get a derivative visa for your partner. Though this is a feasible idea, it might not work for all parties because of distance at long distances.
Option 2: Applying for a B-2 Tourist Visa
As for the unmarried partners, out of which some can be of the same gender and others opposite, the registration for a tourist visa, or to be precise B-2 pleasure visa, seems like a quite viable option. We must also clarify that like any other visa, the B-2 visa does not allow working or seeking employment in the United States.
The B-2 Visa: Other Information
usually, an initial visa to enter the country of B-2 may be given for a maximum period of stay of one year. After this time, the visa holder can renew their visa; such a visa may be issued for periods of up to six months and acquired by the USCIS.
The following are the eligibility requirements that your partner will have to meet to be given the permission to apply for a B-2 visa: They must:
To further verify that you and the subject are indeed cohabitants, you must prove that you live in the same household. This can be in the form of a lease, deed or rent receipts, utility bills; or anything that you both have filled with your names at the same address.
Set the nature of your relationship as long-term, and ensure its genuine nature. Other than title deeds, you may provide letters or messages exchanged, photos, or any other forms of documentation as proof of your partnership.
Prove strong ties to your home country, signaling an intention to return after the visit. This can be challenging when applying for a more extended stay, but evidence such as family members residing in your home country or the existence of a job or residence can help bolster your case.
Overcoming Unique Challenges
Applying for a B-2 visa is not without its challenges. Consular officers must be convinced that the applicant genuinely intends to visit for pleasure and not to work or settle permanently in the United States.
Thankfully, the U.S. Department of State (DOS) issued a memo in 2001 that clarified this issue. It stated that accompanying a “significant other” temporarily working or studying in the U.S. would be considered travel for pleasure. To allay concerns about overstaying, the DOS emphasized that consular officers should focus on the applicant’s ties abroad and the likelihood of their returning home when the principal visa holder departs.
In essence, as long as your relationship is close and genuine, an extended stay in the U.S. is permissible, provided you leave together.
The B-2 Visa Application Process for Same-Sex Visa Holders
Paperwork: Fill out the necessary paperwork and gather documentation that proves eligibility.
Documentation: As mentioned earlier, you should compile documents demonstrating shared residence, the authenticity of your relationship, and ties to your home country.
Interview: Attend an interview at a U.S. consulate in your home country.
In cases of cohabiting same-sex partners, pay particular attention to the documentation, as it plays a pivotal role in establishing your eligibility for the B-2 visa.
Extending the B-2 Visa
Once you and your partner are in the United States, keep in mind that you may have different visa expiration dates. You can access your Form I-94 on the Customs & Border Protection (CBP) website, which specifies your departure date. The initial B-2 visa is typically valid for one year. Before this expires, the B-2 visa holder must apply for extensions through USCIS using Form I-539.
Navigating the U.S. immigration system as a same-sex couple can be a complex endeavor, but it’s entirely possible to make your dreams a reality. Whether through derivative visas or B-2 tourist visas, there are legal pathways for partners to accompany temporary visa holders to the United States. By providing comprehensive documentation and demonstrating the authenticity of your relationship, you can enjoy your time in the U.S. and return home together, all while celebrating your love.
