If you’re in a same-sex marriage and wondering whether you can get a marriage green card in the United States, the short answer is yes. U.S. immigration law treats same-sex marriages the same way it does opposite-sex marriages.
Thanks to changes in federal law and key Supreme Court rulings, same-sex married couples are entitled to the same immigration benefits as heterosexual couples. But the process can still feel confusing — especially if you’re navigating it for the first time. SimVisa breaks it down.
Does U.S. Immigration Law Recognize Gay Marriage?
Yes! Under U.S. federal law, same-sex marriage is legally recognized for immigration purposes. It wasn’t always so, however. The 1996 Defense of Marriage Act (DOMA) defined marriage as between a man and a woman, which prevented U.S. citizens and permanent residents from obtaining green cards for their foreign national spouses.
The fight for marriage equality hit a significant milestone in 2013, when the U.S. Supreme Court ruled in United States v. Windsor that DOMA was unconstitutional. That ruling paved the way for marriage equality nationwide. In 2015, the Supreme Court decision in Obergefell v. Hodges cemented the marriage rights of same-sex couples across all states.
Today, the U.S. Citizenship and Immigration Services (USCIS) recognizes valid same-sex marriages. This means that you and your spouse have the same right to apply for a marriage-based green card as any opposite-sex married couple, as long as the marriage was legally recognized in the country where it took place.
Who Can Apply for an LGBT Marriage Green Card?
Same-sex couples have the same eligibility requirements as heterosexual couples when applying for a marriage green card. Here's a basic breakdown:
- One spouse must be a U.S. citizen or lawful permanent resident (green card holder).
- You must have a legally valid marriage; civil unions or domestic partnerships don’t qualify even if they give you similar rights under local law.
- You must prove that you have a real, authentic marriage, not one just for immigration benefits.
Like any green card applicant, you must also meet criteria involving income thresholds, background checks, health exams, and more.
What If You Got Married Abroad?
The USCIS recognizes same-sex marriages that were performed in other countries as long as the marriage was legally valid in that country.
Couples who live in places where marriage equality is not recognized may travel abroad to marry and then return to their country of residence. This is perfectly acceptable. As long as you have a valid marriage certificate, you can apply for a marriage green card.
To qualify for marriage-based immigration, you must have only one legal spouse. If you were in a prior heterosexual marriage or a civil union, you’ll need to provide a divorce decree, annulment papers, or a death certificate to prove that the relationship has ended.
What Immigration Benefits Can Same-Sex Married Couples Get?
An LGBTQ marriage green card comes with the same benefits that opposite-sex couples receive:
- You can live and work in the U.S. legally.
- Eventually, you may qualify for U.S. citizenship.
- You may be eligible for federal benefits like Marketplace insurance, Social Security, and employment-related benefits.
Alternatively, a same-sex unmarried couple can apply for a fiancé visa. This visa allows the foreign partner to enter the United States to marry a citizen spouse and apply for a green card.
Proving a Bona Fide Marriage
The USCIS takes marriage fraud seriously, no matter the spouses’ genders. This means that you need to prove your relationship is bona fide, or genuine. To prove a bona fide marriage, you might include some of the following evidence in your green card application:
- Joint lease agreements or mortgage documents showing you live at the same address
- Joint bank accounts or joint credit card statements
- Joint tax returns
- Beneficiary designations on life insurance policies or retirement accounts
- Photos of you together with each other’s families
- Letters, emails, or texts showing regular communication
- Affidavits from friends and family confirming your bona fide relationship
The green card interview is another opportunity to demonstrate the authenticity of your marriage. During this interview, you should be ready to answer personal questions about your relationship, daily life, and plans for the future.
Special Considerations for Same-Sex Couples
The Respect for Marriage Act of 2022 and other federal laws require government agencies to treat same-sex couples and opposite-sex married couples equally. However, gay couples applying for marriage-based green cards may face problems that heterosexual couples don’t:
- If you marry in a country that doesn’t recognize same-sex marriage, your marriage will not be considered legally valid by the USCIS.
- You might face additional scrutiny if you come from a region or culture where same-sex relationships aren’t widely accepted.
- You must be prepared to show that your relationship is real, which may be difficult if you have had to live discreetly in your country of residence.
An experienced immigration attorney can help smooth the process, especially if you’re concerned about cultural stigma, a previous heterosexual marriage, or other complex issues.
Do Same-Sex Couples Face Discrimination in Immigration Processes?
Officially, no. Supreme Court rulings have ensured marriage equality under U.S. law, and the USCIS is required to process marriage-based green card applications without regard to sex.
However, some gay couples might feel added pressure to prove their relationship is genuine, especially if they’re not open about their sexual orientation in their home country. That’s why it’s important to build a strong case and submit a thorough initial filing package with evidence of your authentic marriage.
What If I Don't Want to Go to the U.S. Embassy or Consulate in My Home Country?
Sadly, not every country embraces marriage equality or accepts same-sex couples. If you or your same-sex spouse fear persecution, discrimination, or violence in your home country because of your sexual orientation, you have options.
If you’re applying from abroad, the marriage-based immigration process requires you to attend a visa interview at a U.S. embassy or consulate. You can request an alternative location if attending this interview in your home country might put you in danger. The U.S. Department of State allows you to request that your interview take place in a different country where you might feel safer.
You don’t have to meet the strict requirements of an asylum claim to make this request. It’s enough to show a credible fear of harm due to your sexual orientation. To request a transfer, you can contact the NVC yourself online or work with an experienced immigration attorney.
What If One of Us Was Previously Married?
If you or your same-sex partner were in a previous heterosexual or gay marriage, you’ll need to show that the marriage ended legally. The USCIS requires proof that any previous marriages were dissolved before your current marriage took place. This means that your application should include one of the following:
- A divorce decree
- A death certificate proving the previous spouse has passed away
- Annulment documents
This will show that your current marriage is legally valid under U.S. law.
Do I Need an Immigration Lawyer for an LGBT Marriage-Based Green Card?
While it’s possible to apply for an LGBT marriage green card without legal help, an experienced immigration attorney can make the process much easier.
Your lawyer can help you gather the right documents, prepare you for the green card interview, and handle any complications that arise — such as proving a bona fide marriage when you’ve had to be discreet about your same-sex relationship.
FAQs
Can same-sex couples apply for a fiancé visa?
Yes. A U.S. citizen can petition for their same-sex fiancé or fiancée to come to the U.S. on a K-1 fiancé visa as long as they plan to marry within 90 days of entry.
What if my country doesn’t recognize same-sex marriage?
You must get married in a country that recognizes same-sex marriage, although you do not have to reside in that country. The USCIS requires only that your marriage be legally valid where it takes place.
Will my prior heterosexual marriage affect my green card application?
Not necessarily. You must disclose any previous marriages and provide the necessary documents proving they ended before your current marriage.
What happens at the green card interview for same-sex couples?
The interview is similar to that for opposite-sex couples. Officers may ask about your daily life, future plans, and shared responsibilities to verify a bona fide marriage.
Can a lawful permanent resident sponsor their same-sex spouse?
Yes. Green card holders can petition for their same-sex spouses to come to the United States. However, the process might take longer than it would if the foreign national spouse were sponsored by a U.S. citizen.
Reunite with Your Same-Sex Spouse Through SimVisa
The U.S. immigration system recognizes same-sex marriage as equal under the law. Whether you’re a U.S. citizen spouse looking to sponsor your foreign national partner or a green card holder planning for your family’s future, you have the same rights and opportunities as any heterosexual married couple.
Immigration law is complicated, but the experienced attorneys at SimVisa make it simple. We’ll work hard to reunite you with your partner and secure your future together. Contact SimVisa today to get started on your LGBT marriage green card application.
