Ask an Immigration Lawyer :: Getting a Visa for My Boyfriend

Some years ago... okay, decades... my husband and I were required to jump through hoops and walk a legal tightrope that heterosexual couples aren't typically burdened with. He got a job abroad, and when I sought to follow him to Europe we ran into one brick wall after another. It came down to this: Our relationship, in those pre-marriage equality days when only The Netherlands recognized two men or two women as spouses, was legally brushed off. And so were we.

Times have changed for gay and lesbian families, and for the better. Equal freedom to marry has swept state after state, and while there is as yet still no federal right to wed the same-gender person of one's choice, a major roadblock to federal recognition, and protections, for same-sex married couples has fallen. When the Supreme Court struck down key provisions in the highly discriminatory "Defense of Marriage" Act from 1996, daylight flooded into the lives of same-sex couples across the country, on issues ranging from Social Security, taxation, and immigration.

And married couples aren't the only ones to benefit. With the demise of DOMA, bi-national couples finally had a sense that the cruel choice of legal separation or emigration to a nation other than the United States was no longer an inevitability. Foreign same-sex couples, too, could breathe a little more easily. The attorneys the Law Offices of Caro Kinsella explain:

EDGE: So let's say my same-sex fianc�e, Jean-Francois Doe, has taken a job here in America. Is this the equivalent of Jean being locked up? Do I have to wait for his return to live with him again, with only brief visits to him in the meantime? Or do I have to hope that I'll get lucky in the job market myself, and find a gig in the same city? Or maybe I should try for a visa through the lottery system?

Attorney Caro Kinsella : None of that is necessary any longer. As the partner (married or not) -- of a foreign national residing and working in the U.S., you can get a temporary visa based on the fact that you're in a relationship with him and reside in the same household and have prof of this (e.g. invoices, rental agreement). One of you must have a non immigrant visa approved.

EDGE: How does it work?

Attorney Caro Kinsella : Basically, if John Doe is coming to the USA on an E-2 Visa (also known as a treaty trader visa, which allows foreign nationals from countries the U.S. has treaties with to work in the States and live here as long as the job lasts), then Sam, John's live in boyfriend, can come along with John under a B Visa for Household Members. The B Visa will give Sam the ability to remain in the States with his partner.

EDGE: Is this true only for John's household members who are in a romantic relationship with him? In other words, is Sam the only one who can get this B Visa?

Attorney Caro Kinsella : No, this also applies also to family and friends who reside in your household.

EDGE: Can Sam go out and find a job while living here under a B Visa?

Attorney Caro Kinsella : No. Essentially, the B Visa is a kind of tourist visa, but a tourist visa that's available only to household members of a resident alien. It does not give him the right to work for an American employer while he's here. You can work however, if you find a U. S. employer and change your household B-2 status to a work visa then you. (Call my office if you have questions about this option.)

EDGE: This is the problem I had when my husband worked abroad. For some of that time, my ability to stay with him was restricted to six months or less at a time, and then I would have to leave the country. So why is the Household member B Visa a better option than a standard tourist visa?

Attorney Caro Kinsella : Let me clarify something, the Standard B gives up Sam up to 6 months; then he must depart the States, or he is permitted to file an extension one time while he's here. The Household B initially gives him up to 1 year, and then he is permitted to make multiple extensions inside the States for the duration of his partner's visa.

For more detailed information on this topic, contact Attorney Caro Kinsella, Immigration Attorney. Her team of legal experts specialize in gay immigrations matters, and will assist you with green cards, visas and all other US Immigration matters. Click here to contact the attorney's office directly.

This story is part of our special report: "Ask An Immigration Lawyer". Want to read more? Here's the full list.