LGBTQ couples who are legally married have the same rights as heterosexual couples when applying for marriage-based residency (a green card) in the United States. However, certain challenges—such as proving the legitimacy of a relationship, overcoming cultural or legal obstacles in some countries, and dealing with previous immigration denials—can make the process more complex. This guide explains the marriage-based green card process for LGBTQ couples, the differences compared to non-LGBTQ applications, and answers common questions.

What Is a Green Card?

A green card (lawful permanent resident status) allows a foreign national to live and work in the U.S. permanently. It is typically granted based on family relationships, employment, refugee/asylum status, or through other immigration programs. One of the most common ways to obtain a green card is through marriage to a U.S. citizen.

Marriage-Based Green Card Process for LGBTQ Couples

The process of obtaining a marriage-based green card for LGBTQ couples is similar to that of opposite-sex couples, provided the marriage is legally recognized in the jurisdiction where it was performed. Below are the steps involved:

1. Confirm Legal Marriage

• The couple must be legally married in a U.S. state or a country where same-sex marriage is recognized.

2. File the Family Based Immigration Petition with USCIS

• The U.S. citizen spouse files a Family-Based Immigration Petition with U.S. Citizenship and Immigration Services (USCIS).
• Supporting evidence includes a valid marriage certificate, proof of a bona fide relationship, and financial documentation.

3. Adjustment of Status or Consular Processing

• If the foreign spouse is already in the U.S. on a valid visa, they may file their Application to Register Permanent Residence or Adjust Status.
• If outside the U.S., they must go through consular processing at a U.S. embassy or consulate in their home country.

4. Attend the Green Card Interview

• The couple must attend an interview with USCIS (if applying from within the U.S.) or with a consular officer abroad.
• Questions will focus on the legitimacy of the relationship.
• LGBTQ couples should be prepared to answer questions about their relationship, especially if they come from countries where LGBTQ relationships are stigmatized.

5. Approval and Conditional Residence

• If married for less than two years, the foreign spouse will receive a conditional green card (valid for two years).
• After two years, they must jointly file a Petition to Remove Conditions on Residence to receive a permanent 10-year green card.

Differences Between LGBTQ and Non-LGBTQ Marriage-Based Residency

While the legal process is the same for both LGBTQ and heterosexual couples, some challenges are unique to LGBTQ applicants:

• Proving a Bona Fide Relationship 
  • In some cultures, LGBTQ relationships may not be widely accepted, which can make gathering evidence more difficult.
  • Some LGBTQ couples may have been forced to keep their relationship private, resulting in fewer records of their life together.

• Immigration History & Past Denials 
  • Before same-sex marriage was recognized in the U.S., LGBTQ immigrants faced automatic denials of marriage-based petitions.
  • If an applicant was previously denied, they may need to show that their new application meets current legal standards.

• Country-Specific Barriers
  
  • Some countries do not recognize same-sex marriage or even criminalize LGBTQ relationships.
  • If the foreign spouse resides in such a country, consular processing may be riskier. In these cases, alternative solutions such as seeking asylum or applying from a third country may be necessary.

LGBTQ Rights Under the Law

LGBTQ couples have equal rights under U.S. immigration law, but unique challenges remain. Understanding the process and preparing a strong application can increase the chances of a successful outcome. Seeking legal guidance can also help navigate potential complications, especially for those coming from countries with discriminatory laws.