Same-Sex Marriage Green Cards: What to Know

WHAT YOU SHOULD KNOW ABOUT SAME-SEX MARRIAGE GREEN CARDS

CAN A TRANSGENDER PARTNER STILL RECEIVE IMMIGRATION BENEFITS?

As long as all immigration requirements have been met, transgender individuals married to a U.S. citizen or permanent resident spouse can receive immigration benefits. Your partner’s eligibility will depend on the following:

It’s important to note that not all immigration violations or criminal convictions will prohibit your same-sex or transgender partner from receiving immigration benefits. In addition, some issues may not have significant value for immigration purposes, while others may be resolved with a waiver.

WHAT’S THE FIRST STEP IN PETITIONING FOR A SAME-SEX SPOUSE?

After you and your spouse have gotten married, you should contact an experienced immigration attorney who can help you determine whether your partner qualifies for lawful permanent residency (green card) or other immigration benefits. Beyond the required forms and documents, you should provide some of the following:

CAN YOU APPLY FOR A FIANCÉE VISA IF YOU’RE ENGAGED TO BE MARRIED?

Yes. If you are engaged to be married to your same-sex partner, you can file a petition for a fiancée visa. Once filed, it will go to the National Visa Center (NVC) for a background check and to the specific embassy where your partner would apply for the visa. Your fiancée would then be allowed to enter the country, and you would need to get married within 90 days. After that, you can apply for a Marriage-based green card.

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.