Gay k1 visa

Green Card Through Same-Sex Marriage: Your Ultimate Guide

Common Challenges for Homosexual Couples in the Green Card Process

While same-sex marriages are treated equally under U.S. immigration law, there are some unique challenges that same-sex couples may confront in the green card process. Let’s talk about some of the most common issues and how to address them.

1. Family Acceptance and Proving a Bona Fide Marriage

One common way to prove that your marriage is real is by showing that you and your spouse own strong relationships with each other’s families. This can be tricky for some same-sex couples, especially if one or both families haven’t accepted the marriage or aren’t aware of the relationship.

What to do: If family acceptance is an issue, you can still provide other forms of evidence. Photos of just the two of you, joint leases, shared financial documents, and affidavits from friends who know about your relationship can be just as effective in proving your marriage is genuine.

2. Lack of Joint Financial Documents

For some same-sex couples, especially th

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Implementation of the Supreme Court Ruling on the Defense of Marriage Act

On June 26, , the Supreme Court ruled that the Defense of Marriage Act (DOMA) was unconstitutional. On June 26, , the Supreme Court granted same-sex couples the right to marry in all U.S. states and unincorporated U.S. territories. This conclusion is not only a massive victory for the LGBTQ community; it is also a huge victory for the immigration collective as well. As such, federal immigration benefits are now available to homosexual couples. USCIS is currently reviewing visa petitions filed on behalf of a same-sex spouse and will no longer automatically oppose these petitions. 

Same-sex spouses of U.S. citizens and Lawful Permanent Residents (LPRs), along with their insignificant children, are now eligible for the same immigration benefits as opposite-sex spouses. Consular officers at U.S. embassies and consulates will adjudicate their immigrant visa applications upon receipt of an approved I or I  petition from USCIS. Diversity Visa applicants may include same-sex spouses in their initial entries o

Same-Sex Marriage & Immigration


A person who is married to a U.S. citizen of the same-sex can qualify for immigration as an immediate relative of a U.S. citizen, regardless of the place of marriage or current place of residence. Under federal guidelines, USCIS will honor the ‘place of celebration’ when determining eligibility for immigration benefits for same-sex couples; definition that so long as the marriage was solemnized in a place where such a marriage is legal, USCIS will honor such marriages as valid.

As the landscape of states that do permit same-sex couples to wed is constantly changing, some couples may have many complicated legal situations. However, thanks to the recent Supreme Court ruling remarkable down section 3 of DOMA; same-sex binational couples have numerous avenues for immigration relief:

  • If a couple thatlives in a state that does not allow same-sex marriage, such as Texas, marries in a state that does allow same-sex couples to wed, such as New Mexico, and the couple returns to their home state of Texas; the federal government, and thus the USCIS, wi