Gay marriage and immigration

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Learn more about what Boundless can do to help.

Legally Valid Marriage

Separate from the matter of proving an authentic marriage (described above), same-sex couples may face special challenges in establishing the legal validity of their marriage.

Marriages vs. If you would like help with an appeal, please note that the process is very time sensitive.

While you should expect questions about your opposite-sex marriage at your green card interview, having a previous heterosexual marriage will not automatically raise red flags. If you and your spouse are ready to begin your marriage-based green card journey, contact Brudner Law today to ensure every step is handled correctly.

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Same-Sex Relationships and Marriage Green Cards

Can lesbian and gay married couples apply for a green card if one partner is a U.S.

citizen or green card holder?

gay marriage and immigration

Being completely ignorant of your spouse’s family could raise suspicions during your green card interview.

Lack of employment or lease documents

Another strong way to prove that your marriage is authentic is to show that you and your spouse have a joint lease or that your spouse is listed on documents with your employer—for example, as an emergency contact and/or as a beneficiary of any employment-related benefits.

Immigration benefits are governed by U.S. federal law, so state or local laws regarding gay rights are irrelevant when it comes to immigration. At the interview, you could face accusations that this prior marriage was fraudulent and solely intended to obtain a green card. Applying for Adjustment of Status or Consular Processing

  • If the foreign spouse is already in the U.S., they file Form I-485 (Application to Register Permanent Residence or Adjust Status) to complete the green card process without leaving the country.
  • If they live abroad, the application is processed through a U.S.

    embassy or consulate via consular processing.

3. If you became a U.S. citizen or a green card holder based on a prior marriage and are now sponsoring your current spouse for a green card, your current marriage will also be intensely scrutinized.

If any of these scenarios apply to you, it’s critical that you be prepared to explain honestly and clearly why you were previously in a heterosexual marriage.

Understanding the eligibility requirements, potential challenges, and best practices can make the difference between an approval and a denial.

Having the right legal guidance can help avoid delays, strengthen applications, and provide peace of mind throughout the process. Hodges), many gay and lesbian couples entered into civil unions that provided some of the same benefits as marriage.

Even if you’ve never met your in-laws, however, you should know their names and ages. Check out Boundless’ immigration guide for LGBTQ couples and families.

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Boundless Tip

If your spouse isn’t mentioned in any of your employment-related documents, you can submit other documents that show that you have joint financial resources.

Our Asylum Documentation Project will send any detained person a packet of information that he or she can submit to the immigration court in support of a request for asylum.

  • Individuals Seeking Appeals: We also represent individuals who lost their cases before an immigration judge and are seeking help with an appeal to the Board of Immigration Appeals or to any of the United States Courts of Appeals.

    Since the Supreme Court ruled that same-sex marriages must be recognized everywhere in the United States, you do not need to get married in a state that passed its own law legalizing same-sex marriages.

    Does it matter where we were married abroad?

    As with heterosexual marriages, your marriage must be valid in the place it was performed.

    immigration can be complex and confusing. It’s less important to get into the emotional details of your relationship with your ex-spouse; the most important thing is to establish that you were not married solely for immigration purposes.

    U.S. Now, based on the Supreme Court ruling, the Constitution requires all states to license same-sex marriages.

    Since the Supreme Court’s ruling in United States v. Therefore, the best way for you to request assistance is by phone or by sending your case materials to us by email. However, there are a few potential challenges that are more common among same-sex couples than among heterosexual couples.

    No relationship with in-laws

    Photos of you, your spouse, and your respective families are a good way to prove your relationship is authentic as part of your initial filing package (I-130 petition).

    Learn more.

    Conclusion

    All marriages are equal under U.S. law

    It’s the law of the land that same-sex marriages be treated the same as heterosexual marriages throughout the immigration system.

    That said, as with anything related to immigration, the best practice is to honestly and clearly explain any potentially confusing situations.

    Your submission has been received!

    • Oops! That means that you must get married in a country that recognizes same-sex marriages (or you can get married anywhere in the United States).