US visa restrictions leave vulnerable same-sex couples with no route to safety

The suspension of K-1 fiancé visas is trapping LGBTQ+ partners in countries where homosexuality is criminalised.

A couple together - This article covers K-1 visa restrictions

Same-sex couples seeking to reunite in the United States through the K-1 fiancé visa are being left without options following sweeping travel restrictions introduced in 2026.

The visa, which was extended to same-sex partners in 2013, had provided one of the only legal pathways to safety for LGBTQ+ couples separated by borders, particularly where one partner lives in a country that criminalises same-sex relationships. Now, with visa processing paused for nationals of dozens of countries, that pathway has effectively closed for many.

US authorities have fully or partially suspended entry for nationals of 39 countries. Among them are Iran, Afghanistan, Somalia and Sudan, all of which enforce severe penalties for same-sex relationships, including death or life imprisonment. Nigeria and Mauritania face partial restrictions, further limiting already narrow immigration routes.

Under the current policy, the US Citizenship and Immigration Services (USCIS) has halted processing of immigration requests from banned nations. For K-1 applicants, that means petitions cannot move forward, regardless of the circumstances of the couple involved.

The K-1 process has long been complex. Recent data suggests the process was already becoming more restrictive. In 2025, 32.1% of K-1 petitions were denied, up from 24.2% in 2024, the highest level recorded in at least three years.

Applicants must demonstrate a genuine relationship through extensive documentation, including photographs, travel history and affidavits. In countries where LGBTQ+ identity is criminalised, gathering such evidence can carry significant personal risk. More than 60 countries worldwide criminalise same-sex relationships, with penalties ranging from imprisonment to execution.

Nigeria highlights the scale of the issue. The country was the ninth-largest source of K-1 visas in 2024, with 984 issued. Same-sex relationships are illegal nationwide, with the death penalty applied under Sharia law in several northern states. With visa processing now restricted, hundreds of couples could be left without a viable route to safety each year.

Advocates also point to the absence of humanitarian exemptions. While third-country visa interviews are technically possible, they are granted on a case-by-case basis and are rarely approved, according to legal experts.

The changes mark a significant reversal for the K-1 visa programme once seen as a critical safeguard. More than a decade after same-sex couples were formally included, the system no longer functions for those most at risk.

Further research and legal analysis on the K-1 visa process and denial rates are available from this study by Mendoza Law Firm.

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