Can lesbian and gay married couples apply for a marriage green card if one partner is a U.S. citizen or green card holder? The shortest answer is YES! Details here. Under this decision, gay American citizens and Green Card holders can apply for marriage-based Green Cards for their foreign spouses. USCIS evaluates the applications of same-sex couples in the same way as those of heterosexual couples.
However, there are some details that should not be overlooked. Q: Will USCIS treat my application differently because we’re a same-sex couple? No, USCIS evaluates all marriage-based green card applications the same way, regardless of gender or sexual orientation. However, gay couples applying for marriage-based green cards may face problems that heterosexual couples don’t: If you marry in a country that doesn’t recognize same-sex marriage, your marriage will not be considered legally valid by the USCIS.
Can LGBTQ & same sex couples sponsor a spouse for a green card? Immigration is a federal law and fell within the scope of DOMA. The USCIS and DHS have confirmed that U.S. citizens spouses in a same sex marriage can sponsor his or her foreign spouse for permanent residency under the same guidelines as traditional opposite-marriage based cases.
Apply for your visa with Boundless. You must disclose any previous marriages and provide the necessary documents proving they ended before your current marriage. However, there are a few areas that are more likely to cause some complexities for same-sex couples than for heterosexual couples. As long as you have a valid marriage certificate, you can apply for a marriage green card. If you or your same-sex spouse fear persecution, discrimination, or violence in your home country because of your sexual orientation, you have options.
Yes, same-sex marriages are treated exactly the same as opposite-sex marriages. We provide an easy, guided application experience, with 4 anti-rejection checks and a lawyer review. Separate from the matter of proving an authentic marriage described abovesame-sex couples may face special challenges in establishing the legal validity of their marriage. This can be challenging for same-sex couples who fear discrimination either from landlords or from employers, especially because not all states legally protect LGBTQ individuals from discrimination in housing or employment.
Consider whether you may have a joint rental agreement, joint museum, zoo, or national park membership, Netflix account or magazine subscription in both names. Boundless — for people who want the expertise of an attorney, not the price tag. This means that you need to prove your relationship is bona fide, or genuine. There are no special requirements for same-sex couples—you need the same documents as heterosexual couples to prove an authentic marriage for more information about what to include, see our guide on How Do We Prove Our Marriage Is Real?
Video Included. With the right approach, the marriage green card process can help you build a future in the U. Get Started Learn what we do for you. Windsorsame-sex couples have the same green card rights as heterosexual couples under U. In this situation, quantity is important, and the more accounts held jointly in both names the better to show an established relationship.
Since the Supreme Court ruled that same-sex has uscis not approved a gay wedding for green card must be recognized everywhere in the United States, you do not need to get married in a state that passed its own law legalizing same-sex marriages. We can guide you to obtain and organize your records to ensure your success in the immigration interview process.
However, the process might take longer than it would if the foreign national spouse were sponsored by a U. To request a transfer, you can contact the NVC yourself online or work with an experienced immigration attorney. Unfortunately, sometimes showing family involvement is not possible if family members are in a different country or if there is conflict within the family.
Lawyer review. For immigration purposes, your marriage must be legally recognized where it took place.
Need a green card faster than 90 days? The important thing is to provide proof that you live together and that you have joint financial assets and responsibilities. Let our experienced immigration attorneys guide you through every step of the process, from paperwork to interview prep, so you and your spouse can live the life you deserve in the United States.
For immigration purposes, generally the law of the place or country where the marriage took place determines whether the marriage is legally valid.
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