Green Card Through Same-Sex Marriage: Your Ultimate Guide

Green Card Through Same-Sex Marriage
Picture of Shawn Sedaghat, Esq.

Shawn Sedaghat, Esq.

If you’re a same-sex couple dreaming of starting a life together in the U.S., applying for a green card through same-sex marriage is one of the most significant steps you can take. Thanks to landmark legal rulings such as United States v. Windsor and Obergefell v. Hodges, same-sex marriages are recognized equally under U.S. immigration law, allowing same-sex spouses of U.S. citizens or lawful permanent residents to apply for marriage-based green cards just like any other couple.

 

This guide will walk you through everything you need to know about applying for a green card for your same-sex spouse. Whether you’re wondering about the paperwork, the interview, or any challenges you might face, we’ve got you covered!

Can Same-Sex Couples Apply for a Green Card?

Absolutely! Under U.S. law, same-sex marriages are treated the same as heterosexual marriages for immigration benefits. That means if you’re married to a U.S. citizen or a green card holder, you can apply for a green card as their spouse. The process involves proving that your marriage is genuine, meaning you didn’t get married solely to secure immigration benefits.

same sex couples

Steps to Getting a Green Card Through Same-Sex Marriage

1. Get Married

This might seem obvious, but the first step to getting a green card is getting married! The good news is that all 50 states in the U.S. recognize same-sex marriages, and the U.S. government recognizes same-sex marriages performed in other countries too, as long as the marriage was legally valid where it took place. So, whether you got married in the U.S. or abroad, you’re all set to begin the application process.

 

2. File Form I-130, Petition for Alien Relative

Once you’re married, the U.S. citizen or lawful permanent resident spouse needs to file Form I-130 with the U.S. Citizenship and Immigration Services (USCIS). This form serves as the official petition to let the U.S. government know that you want your spouse to join you in the U.S. as a permanent resident.

 

3. Prove Your Marriage is Bona Fide

A major part of the application process is proving that your marriage is genuine, not just for immigration purposes. You’ll need to provide evidence that you and your spouse are building a life together. Some key documents to include are:

  • Joint bank account statements
  • Photos from holidays, family events, and other milestones
  • Joint leases or mortgage agreements
  • Utility bills showing both of your names
  • Affidavits from friends and family affirming your relationship is genuine

The goal here is to show that you and your spouse are committed to a real life together, just like any other married couple.

 

4. Attend the Green Card Interview

After your application is submitted, you and your spouse will attend a green card interview. This is where an immigration officer will ask you questions about your marriage to verify its authenticity. Don’t worry; this is standard for all marriage-based green card applications, whether for same-sex or heterosexual couples. Make sure you and your spouse are prepared to answer questions about your relationship, such as how you met, important dates in your relationship, and details about your life together.

 

5. Green Card Approval

If your interview goes well and USCIS is satisfied that your marriage is legitimate, your spouse will be granted a green card. Depending on whether they are in the U.S. or abroad, they will either adjust their status or go through consular processing to become a lawful permanent resident. Congratulations, you’ve made it!

Common Challenges for Same-Sex Couples

Common Challenges for Same-Sex Couples in the Green Card Process

While same-sex marriages are treated equally under U.S. immigration law, there are some unique challenges that same-sex couples may face in the green card process. Let’s talk about some of the most common issues and how to address them.

 

1. Family Acceptance and Proving a Bona Fide Marriage

One common way to prove that your marriage is real is by showing that you and your spouse have strong relationships with each other’s families. This can be tricky for some same-sex couples, especially if one or both families haven’t accepted the marriage or aren’t aware of the relationship.

What to do: If family acceptance is an issue, you can still provide other forms of evidence. Photos of just the two of you, joint leases, shared financial documents, and affidavits from friends who know about your relationship can be just as effective in proving your marriage is genuine.

 

2. Lack of Joint Financial Documents

For some same-sex couples, especially those who live in places where LGBTQ+ discrimination is still an issue, it can be challenging to get joint financial documents like bank accounts or leases.

What to do: If you can’t provide joint financial documents, there are other ways to prove that you live together and share financial responsibilities. For example, you could submit utility bills with both of your names on them, credit card statements showing shared expenses, or life insurance policies listing each other as beneficiaries.

 

3. Previous Heterosexual Marriages

If you or your same-sex spouse were previously married to someone of the opposite sex, USCIS may scrutinize your current marriage more closely. They may question whether your previous marriage was real or just for immigration purposes.

What to do: Be transparent about any past marriages. Provide evidence that your previous marriage was genuine, such as shared leases, financial documents, or photos from that relationship. It’s essential to explain the timeline of your relationships and be ready to discuss them during the green card interview.

 

4. Cultural or Legal Issues Abroad

If you were married in a country where same-sex marriage is not legal, or if you currently live in a country that does not recognize same-sex marriages, this can complicate the green card process.

What to do: If you live in a country that doesn’t recognize same-sex marriage, consider getting married in a country where it’s legal, or apply for a K-1 fiancé visa. This visa allows your fiancé to come to the U.S. to marry you within 90 days, after which you can apply for a green card based on your U.S. marriage.

Overcoming Bias and Discrimination in the Green Card Process

Although USCIS officers receive sensitivity training and are required to treat same-sex couples equally, some couples worry about potential bias during the green card interview or in their application process. The good news is that reports of discrimination are rare, and USCIS generally treats all applicants fairly. However, if you feel that bias may be an issue, you can work with an immigration attorney who can help you navigate the process and ensure your rights are respected.

How an Immigration Attorney Can Help

Applying for a green card through same-sex marriage can be complicated, and the process has specific requirements that must be followed carefully. An experienced immigration attorney can guide you through the steps, help you gather the necessary documentation, and represent you during the green card interview. They can also help you handle any unique challenges or issues that may arise during the process.

If you’re unsure about any part of the application or concerned about potential obstacles, consulting with an immigration attorney is a smart move. They can provide valuable advice and make sure your application is as strong as possible.

Conclusion

Obtaining a green card through same-sex marriage is entirely possible, and U.S. law ensures that same-sex couples are treated equally under immigration laws. While the process is straightforward for many couples, it’s important to be prepared for potential challenges, especially around proving the authenticity of your marriage.

 

Make sure to gather plenty of documentation to prove that your marriage is bona fide, and prepare thoroughly for the green card interview. Honesty and openness are key to a successful application. If you face any challenges or feel uncertain about the process, don’t hesitate to reach out to an immigration attorney who can help guide you through each step.

FAQs

  1. Can same-sex couples apply for a green card?

    Yes, same-sex couples can apply for a green card just like heterosexual couples. The U.S. recognizes same-sex marriages for immigration purposes under federal law.
  2. What if my family doesn’t accept my same-sex marriage?

    Family acceptance is not required to get a green card, but it can make it easier to prove your marriage is genuine. If your family doesn’t accept the marriage, you can provide other evidence like joint financial documents or affidavits from friends.
  3. Can I apply for a green card if I was previously in a heterosexual marriage?

    Yes, but USCIS may scrutinize your current marriage more closely. Be honest about your previous marriages and provide evidence that both marriages were genuine.
  4. What if I live in a country that doesn’t recognize same-sex marriages?

    If your country doesn’t recognize same-sex marriages, you can still get married in a country that does or apply for a K-1 fiancé visa to bring your fiancé to the U.S. to get married.
  5. How long does it take to get a green card through same-sex marriage?

    The timeline for getting a green card through same-sex marriage can vary depending on several factors, but on average, it can take anywhere from 10 to 18 months, depending on whether the application is processed through adjustment of status or consular processing.
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