Same sex marriage immigration frequently asked questions




Petitioning for my same sex spouse

Frequently Asked Questions (FAQ)

Do I need to be married to my same sex partner or is a relationship of long duration or cohabitation (living together) sufficient?
In order for your same sex partner to receive any immigration benefits from your relationship, you two will need to be married. A relationship of a long duration and cohabitation will help you both prove to the immigration service that your relationship is valid and not just for purposes of immigration but simply having a relationship of long duration or Cohabitation will not be sufficient. You need to marry your same sex partner in order to give that partner any sort of immigration benefits.

Do I need to be married to my same sex partner or is a relationship of long duration or cohabitation (living together) sufficient?
In order for your same sex partner to receive any immigration benefits from your relationship, you two will need to be married. A relationship of a long duration and cohabitation will help you both prove to the immigration service that your relationship is valid and not just for purposes of immigration but simply having a relationship of long duration or Cohabitation will not be sufficient. You need to marry your same sex partner in order to give that partner any sort of immigration benefits.

What if I live in a state that does not allow same sex marriage? Do I have to move?
If you live in a state where gay and lesbian couples are not allowed to marry then you must travel to a state where such marriage is allowed and marry there.

Where can I get married?
As of the time of this writing the following thirteen states either allow same sex marriage or will allow same sex marriage by the first of next month (August 2013): California, Connecticut, Delaware, Iowa, Maine, Maryland, Massachusetts, Minnesota, New Hampshire, New York, Rhode Island, Vermont, and Washington. Washington, D.C. also allows same-sex marriage.

What if my partner is transgendered? Can my partner still obtain immigration benefits?
Assuming all other immigration requirements are met, transgendered individuals who are married to individuals with legal status in the United States may still be able to benefit. As with same sex couples, the benefit to be obtained by your transgendered partner will depend on your status (U.S. Citizen, Lawful Permanent Resident, or other) and your partner’s method of entry to the United States (with a visa or illegally) and whether your partner has any immigration violations or any criminal issues. Not all immigration violations or criminal convictions will prohibit your same sex or transgendered partner from receiving immigration benefits, some issues are insignificant and some issues can be resolved through the use of a waiver.

After getting married, what is the first step to petitioning for my same sex spouse?
You should contact a qualified immigration attorney who will determine whether your partner qualifies for lawful permanent residency (i.e. a green card) or some other benefit. Aside from the basic documentary requirements (passport style photographs, proof of lawful entry, copy of marriage certificate, etc.) you will likely be required to produce paperwork to help prove that you two are in a legitimate relationship and not just for purposes of immigration. Examples may include:

  • proof of joint bank account/s
  • bills
  • joint lease agreements
  • joint property
  • photographs of shared life experiences
  • affidavits from friends and family

Contact us now for help in navigating the messy immigration process

Published by: Ranchod Law Group



















Contact Us now!