Yes, same-sex marriages qualify for a Green Card in the United States. Since 2013, following the historic Supreme Court decision in United States v. Windsor, the U.S. government has recognized same-sex marriages for immigration purposes. This means that just like heterosexual couples, same-sex couples can apply for lawful permanent residence (Green Card) if they meet the legal requirements.
In this article, we explain how the process works, the requirements, and what you should consider if you’re considering applying for a marriage-based Green Card.
Legal Recognition of Same-Sex Marriage in Immigration
U.S. Citizenship and Immigration Services (USCIS) recognizes any legal marriage, regardless of the spouses’ gender, as long as it was validly performed under the laws of the place where it occurred. This includes marriages performed in countries or U.S. states where same-sex marriage is legal.
What Are the Requirements to Apply?
For a U.S. citizen or lawful permanent resident (Green Card holder) to sponsor their same-sex spouse for a Green Card, the following requirements must be met:
- Legally valid marriage: The marriage must have been lawfully performed where same-sex marriage is recognized.
- Genuine relationship: USCIS will evaluate whether the relationship is real and not solely for immigration purposes.
- Proof of shared life: Documents such as lease agreements, joint bank accounts, photos, and communications can help demonstrate a bona fide relationship.
- Form I-130: The sponsoring citizen or resident must file this form to start the process.
Required Documents
Some of the commonly required documents include:
- Marriage certificate
- Proof of the petitioner’s U.S. citizenship or lawful permanent residency
- Evidence of the relationship (photos, messages, travel records, etc.)
- Applicable immigration forms (such as I-130, I-485, I-864, among others)
What If Your Marriage Took Place Outside the U.S.?
If you were married outside the United States, your marriage can still be recognized for immigration purposes if it was legally valid in the country where it was performed. It is not necessary for the marriage to have occurred in the U.S. as long as its validity can be proven.
Discrimination or Concerns with USCIS
If you feel your case is not handled fairly or face discrimination or unjustified delays, it is crucial to seek support from an immigration attorney. Same-sex couples have the same legal rights as any other couple and should not be treated differently based on sexual orientation.
Need Help? We’re Here for You
Applying for a marriage-based Green Card can be complex—especially when consular processing or adjustment of status in the U.S. is involved. An immigration attorney can help you gather the proper documentation, avoid mistakes, and increase your chances of success.