After the 2013 U.S. Supreme Court’s decision, same-sex marriages are treated the same as heterosexual marriages for immigration purposes under U.S. law. Therefore, legally, same-sex couples have a pathway to attain a green card under the regulations.
The Citizenship and Immigration Service (USCIS) treats applications from same-sex couples similarly to applications from heterosexual couples. However, some areas can become complicated for same-sex couples and may require additional guidance from legal professionals.
What Is Needed to Apply for a Green Card for Same-Sex Couples?
The Green Card application has several components to it, and below is a brief overview of what is needed to complete the application process. Several fraud marriages over the past years solely based on obtaining citizenship or a green card have created more stringent requirements for this process. Although the process is similar to that of heterosexual couples, there are a few challenges that same-sex couples may encounter.
First, you need to prove that you have a relationship with the in-laws. It is recommended to keep a record of photos of you, your spouse, and your respective families. Including this information and any evidence of pictures can be useful for the initial filing.
An interview will be held to verify whether or not you are simply married for a green card. Therefore, showing that you have a bond with your spouse’s family is crucial for the green card interview. The USCIS or consular officer conducting the green card interview will ask questions regarding your spouse’s family. The main purpose of this is to validate that a valid relationship exists across the families. Some of these questions can include what you did as a family for your father-in-law’s most recent birthday or what you did for your sister-in-law’s recent celebration.
You can come into issues if your family is not accepting your marriage. Meaning they do not approve of your relationship with someone of the same sex. The main advice for this is honest dialogue and disclosure. Showing that you cannot have a relationship with them because of their opinions, you can make your case. Being mentally prepared to answer about your in-laws is another way to prove your marriage in the interview. If, for some reason, you are ignorant of your spouse’s family, it could potentially raise suspicions during your green card interview.
Another way to validate the authenticity of your marriage with your spouse is to have a joint lease together or have your spouse listed in the documents (emergency contact information) with your employer. Same-sex couples face challenges with this. They are oftentimes discriminated against by either their landlords or employers. Since not all states legally protect LGBTQ individuals, some form of discrimination exists in housing and employment.
However, there are other ways to show that you both reside together. Perhaps through a utility bill or showing copies of your driver’s license. Moreover, you can submit any financial statements displaying that you both hold a joint bank account and have joint financial resources. The main purpose is to show that you hold joint financial assets and responsibilities.
Another issue that may arise in this situation is if there have been previous heterosexual marriages. USCIS evaluates your case and knows your background. They are aware of any previous marriages you have held. Part of the green card process application is listing any previous marriages on your green card forms. This is a mandatory step, and failing to include this information can result in a violation.
You must also provide divorce certificates or death certificates proving that any prior marriages were legally terminated. Remember, having a previous heterosexual marriage will not automatically raise red flags, but not disclosing it will. As with any interview questions, it is essential to answer honestly.
This issue becomes more complicated if you or your partner previously filed a green card application based on a prior heterosexual marriage. At the interview, you could face accusations that this previous marriage was fraudulent based solely on getting a green card. If you became a U.S. citizen or a green card holder based on a prior marriage and are now sponsoring your current partner for a green card, your current marriage will be intensely scrutinized.
If this applies to you, you can find yourself in a difficult position and may require additional assistance from a lawyer. The most important thing is establishing that you were not married solely for immigration purposes.
What Are Some Common Challenges Same-Sex Couples Face in the Green Card Application Process?
Some challenges or issues may arise in this process that are mentioned above. Below is a brief description of what qualifies you as a same-sex couple to apply for a green card:
One of the most important aspects of this application is to prove that you have a genuine marital relationship. There are some ways to accomplish that, which were stated earlier. You must prove and establish that your relationship with your spouse is based on mutual affection.
Providing evidence of documentation, pictures, or other materials can strengthen your case and put you on the right path. However, these forms of evidence can be harder to obtain for same-sex couples.
Another crucial aspect of applying for a green card is showing them you are legally married. You also have to show that your marriage is legally valid in the place where you were married. For same-sex couples, this translates to being married in a place that does prohibit same-sex marriage.
For instance, if you get married in one of the countries that do not permit same-sex marriage, then you will not be able to prove a legally valid marriage. But, there are currently 29 countries where same-sex marriage is legal, including the United States.
Furthermore, civil unions are not considered the same as marriages regarding immigration purposes. For immigration law purposes, a couple in a civil union is considered the same as an unmarried couple. You would need to marry first and then apply for a green card application.
As part of the application process, an officer at the U.S. Citizenship and Immigration Service (USCIS) will conduct your green card interview. However, there is fear of discrimination against LGBTQ individuals. The law requires them to treat same-sex couples with the same dignity and respect as heterosexual couples. The officers are also trained in dealing with same-sex couple issues. Even if discrimination can occur, it is strictly forbidden under the law, and any officer that knowingly violates the law will be subject to the penalties following the law.
When Do I Need to Contact a Lawyer?
As a same-sex couple, you can apply for a green card in the United States. However, you may face some obstacles that are mentioned in more detail earlier. Not all countries may recognize same-sex marriage.
Therefore, it is important to consider this when applying for marriage in that country. If you are having issues with this in your case, you can contact a local green card lawyer to assist you with your situation.
