Can you get a green card through same-sex marriage?

In the United States, same-sex married couples have the same legal rights as heterosexual couples when applying for a marriage-based green card. This is the result of a landmark decision by the U.S. Supreme Court in 2013 that recognized marriage equality at the federal level. At Sverdloff Law Group, we assist all couples through this intricate process, ensuring their journey toward lawful permanent residency is as smooth as possible.

Legal Landscape and Historical Context

Before 2013, same-sex couples faced significant legal barriers to obtaining marriage-based green cards. The Defense of Marriage Act, enacted in 1996, barred the federal government from recognizing same-sex marriages. This meant that even if a same-sex couple was legally married in their state, they were not eligible for federal benefits, including immigration benefits. However, the landscape dramatically changed with the Supreme Court’s ruling in United States v. Windsor, which struck down key provisions of DOMA. This decision enabled same-sex married couples to be treated equally under federal law, including for immigration purposes.

Applying for a Green Card

When applying for a marriage-based green card, same-sex couples follow the same procedures as any other couple. Here are the essential steps:

1. Filing Form I-130: The U.S. citizen or lawful permanent resident spouse must file Form I-130, Petition for Alien Relative, with the U.S. Citizenship and Immigration Services. This form establishes the relationship between you and your spouse.
2. Proving a Bona Fide Marriage: Demonstrating the authenticity of your marriage is crucial. This includes providing documents such as joint leases, financial records, correspondence, and photos of the couple together and with family. Same-sex couples should also include evidence of their relationship’s authenticity before marriage, like emails or travel itineraries.
3. Consular Processing: If the non-U.S. citizen spouse is already in the U.S., they may apply for Adjustment of Status. If they are outside the U.S., they will go through consular processing.

Special Considerations for Same-Sex Couples

While same-sex couples enjoy equal treatment under U.S. immigration law, there are unique challenges they may face:

• Proving Marriage Validity: Your marriage must be legally recognized in the place it was performed. Those with civil unions and domestic partnerships do not qualify for immigration.
• Bias and Discrimination: Although USCIS has undergone sensitivity training regarding LGBTQ issues, some couples might still face bias. It’s important to be prepared with thorough documentation and, if necessary, seek legal assistance to navigate these challenges.
• Family Acceptance: Cultural differences and family acceptance can pose hurdles. It’s crucial to provide an honest explanation of any potential issues, especially if family members are reluctant to provide supporting statements or documentation.

Overcoming Challenges

Here are some tips to help same-sex couples navigate the green card process:

• Preparation and Documentation: Be meticulous in gathering and preserving all forms of evidence that demonstrate your relationship’s authenticity.
• Legal Assistance: Engage an experienced immigration attorney who understands the nuances of same-sex marriage-based green card applications. At Sverdloff Law Group, we have successfully guided numerous same-sex couples through this process.
• Honesty and Transparency: Provide truthful and comprehensive explanations for any irregularities or potential red flags, such as previous marriages or lack of family support.

Contact Us For Guidance

Obtaining a green card through same-sex marriage is entirely possible and legally supported in the United States. While the process involves navigating various legal requirements and potential cultural challenges, the right preparation and professional guidance can make a significant difference. At Sverdloff Law Group, we are dedicated to helping couples achieve their immigration goals with empathy and professionalism. If you are contemplating applying for a marriage-based green card, get in touch with us to schedule a consultation, and let us guide you toward securing your future together in the United States.