Petition based on same-sex relationship

This week I received a call from a male kababayan who lives in the US inquiring if it is possible for him to file a petition for his boyfriend in the Philippines.

Reno (not his real name, of course) is a US citizen who lives in California and works in healthcare. Before coming to the US, he had a long-term relationship with a male friend. Since he had to work in the US, they only managed to stay together through long-distance phone calls, internet chats and Reno’s annual two-week vacation in the Philippines. Against all odds, including the disapproval of Reno’s parents, their love flourished and grew stronger over the years.

They are at a point in their relationship now of wanting to get married but obviously, there is no same-sex marriage in the Philippines. Reno now asks what his options are and if it is possible that he can petition his boyfriend to live with him here in the US.

There are a few ways though which Reno and his boyfriend can achieve their goal. One is for them to go to another country where same sex-marriage is allowed. If the marriage is valid where it is celebrated, the US will grant full recognition to such valid marriage. After their marriage, Reno can then file a spousal petition for his husband.

Another alternative is for Reno to file a fiancé petition for his boyfriend. He needs to provide proof of the relationship and all the other requirements of a fiancé visa petition. When it is approved, his boyfriend enters the US on K1 visa, they get married here and a spousal petition will need to be filed in order for the boyfriend to obtain a greencard.

Can the boyfriend apply for tourist visa for him to get married here in the US? Technically he can. But he must be well advised that depending on the circumstances, it may be smart for him to go back to the Philippines and wait for the spousal visa petition to be approved and processed.

Caution must be taken if he comes to the US under tourist visa, gets married here and does not return to the Philippines.

I do not know what Reno will ultimately decide. It is important to note that for couples in samesex relationships, there are ways out there that you can be united here in the US. Filing a spousal petition or a fiancé visa petition is no different than a petition filed by heterosexual couples. The key is proving that this relationship is in good faith, based out of mutual love, and there is no fraud involved.

"The key is proving that this relationship is in good faith, based out of mutual love, and there is no fraud involved."