Gay marriage and green card

Can lesbian and gay married couples apply for a marriage green card if one partner is a U.S. citizen or green card holder? The shortest answer is YES! Details here. In this guide we’ll explore some common hurdles same-sex couples face when trying to obtain a gay marriage green card as well as tips to ensure the highest chance of an approval.

Marriage-based immigration can be complex and tedious, depending on your background and situation. VisaNation makes the entire process easy and simple. Get started. As a general rule, spouses of U.S. citizens are eligible to apply for lawful permanent residence (a "green card") in the U.S. This general rule applies to the spouses of all married citizens—including same-sex partners. A green card holder can sponsor their spouse for a green card by filing Form I, Petition for Alien Relative.

The green card holder must prove they are a U.S. citizen or lawful permanent resident, and must provide evidence of their marriage. US immigration law recognizes same-sex marriages as equal to heterosexual marriages. In this guide, you will find the requirements for applying for a Green Card based on marriage, the documents required and all the details to consider.

Becoming a United States resident or citizen is the dream of people across the world.

There may be certain groups of people, however, who might have a harder time gaining residency. An immigration attorney can help these individuals move forward.

gay marriage green card reddit

There are a few ways to be eligible to become a permanent resident. One of the most common is because you have a family member who is already a citizen such as a parent, child, or spouse. You may then apply for residency based on this relationship. Your process will look different depending on where you are located. Your eligibility for either process will most certainly depend on your own immigration history, such as your manner of entry to the U.

Some people may file for themselves, while others will need a sponsor ie. Under US law, same-sex marriages are treated the same as opposite-sex marriages and therefore follow the same guidelines when applying for a green card. The US makes no distinction between opposite-sex married couples and same-sex married couples who are applying for a green card.

Like any married couple trying to get a green card, there are some challenges you may face:. Proving a Bona Fide Marriage: All couples will have to provide enough evidence showing their marriage is authentic and not simply to get a green card. This can be done through your interview, photos, testimony from friends or family, or documentation like shared bank accounts.

Proving a Legally Valid Marriage: This means you will have to get a marriage certificate from a country that allows same-sex marriage. You will also need to show that any prior marriages have been legally terminated. If the foreign partner is abroad and living in a country where same-sex marriage is not recognized, and the partners are not yet married, the K-1 fiance process would be a good option.

This would allow the foreign partner to enter the U. Concerns About Immigration Officer Biases: Even though same-sex marriage is legal in the US, people still have concerns about potential biases immigration officers may have. However, these officers are trained to treat all applicants the same, and discrimination of this kind rarely happens. Previous Heterosexual Marriage: Lastly, if you were previously married to someone of the opposite sex, you may worry that your new same-sex marriage will be viewed as a sham.

Although there is nothing illegal about this, you may be asked questions about it during your interview and have to provide more documentation. An immigration attorney can help you through every step of the process and can help you address any concerns or setbacks that happen along the way. Furthermore, they can help you gather and organize evidence and prepare for your immigration interview which can play a large role in whether your application is approved.

For help applying for a green card as a same-sex couple, contact us at Corbaci Law, P. Applying for a Green Card There are a few ways to be eligible to become a permanent resident. Common Challenges and Concerns Like any married couple trying to get a green card, there are some challenges you may face: Proving a Bona Fide Marriage: All couples will have to provide enough evidence showing their marriage is authentic and not simply to get a green card.

How an Attorney Can Help An immigration attorney can help you through every step of the process and can help you address any concerns or setbacks that happen along the way. Naturalization Interviews: Tips for a Successful Experience.