What You Should Know About Same-Sex Marriage Green Cards
What You Should Know About Same-Sex Marriage Green Cards
On June 26, 2015, the U.S. Supreme Court ruled that same-sex couples have the same legal right to marry in the United States as heterosexual couples under the Fourteenth Amendment. As a result and for immigration purposes, USCIS recognizes same-sex and heterosexual marriages as the same and allows individuals to petition for immigration benefits for their same-sex spouse.
Do You Have to Be Married to Petition for a Gay Marriage Green Card?
Can a Transgender Partner Still Receive Immigration Benefits?
➤ Your status (U.S. Citizen, Lawful Permanent Resident, or other)
➤ Your partner’s method of entry to the U.S. (with a visa or illegally)
➤ Whether your partner has any immigration violations or criminal offenses
What’s the First Step in Petitioning for a Same-Sex Spouse?
➤ Proof of joint bank account/s
➤ Utility bills
➤ Joint lease agreements
➤ Joint property statements
➤ Photos of shared life experiences
➤ Affidavits from friends and family
➤ Any other supporting documents
Can You Apply for a Fiancée Visa if You’re Engaged to Be Married?
Who is eligible for immigration benefits?
You can file a petition on behalf of your foreign national partner if they entered the U.S. legally. In addition to the basic requirements, your petition should include documented evidence that your relationship is legitimate.
If your partner last entered the country illegally, you may file a petition on their behalf. In addition, your partner will need to be the beneficiary of a hardship waiver; otherwise, they will be subject to a three- or ten-year bar if they have to leave the country to obtain an immigrant visa. Regardless of the scenario, both of you will be required to interview with an immigration officer to confirm that your relationship is legitimate.
If your foreign national partner is abroad, you may file for a fiancée visa, or an immigrant visa if you’re married. In both cases, you’ll be required to show documentation to prove the legitimacy of your relationship. Alternatively, you can also choose to get married in another country where same-sex marriage is legal.
Finally, in cases where the foreign partner is already in removal proceedings, you may need to obtain permission to marry from the immigration judge in bond proceedings, seek an adjustment of status to that of a lawful permanent resident, or have the U.S. citizen spouse serve as a qualifying relative for purposes of Cancellation of Removal, or a waiver.