Obtaining a green card through marriage is one of the most common pathways to lawful permanent residency in the United States. For LGBTQ couples, the process offers a vital opportunity to live and build a future together, free from barriers imposed by discriminatory laws abroad.
While U.S. immigration law treats same-sex marriages equally, navigating the green card process can still present unique challenges for LGBTQ couples.
This guide provides a detailed overview of how same-sex couples can successfully apply for a marriage-based green card, highlighting key steps, requirements, and potential obstacles.
Understanding LGBTQ Green Cards
A marriage-based green card allows the foreign spouse of a U.S. citizen or lawful permanent resident (LPR) to live and work in the United States permanently. Since the landmark Windsor decision in 2013 and subsequent federal recognition of same-sex marriages, LGBTQ couples have been entitled to equal treatment under U.S. immigration law. Whether married in the U.S. or abroad, same-sex couples can pursue this pathway as long as their marriage is legally valid where it was performed.
Eligibility Requirements
To apply for a marriage-based green card as a same-sex couple, both partners must meet specific criteria:
- Valid Marriage: The couple must provide proof of a legally valid marriage, such as a marriage certificate issued by an authorized government entity.
- Bona Fide Relationship: The couple must demonstrate that their marriage is genuine and not solely for immigration purposes. Evidence such as joint financial accounts, photos, affidavits from friends and family, and shared leases or mortgages can help establish this.
- Sponsor Requirements: The sponsoring spouse must be either a U.S. citizen or an LPR and meet age and domicile requirements.
Step-by-Step Process for LGBTQ Green Card Applications
Step 1: Get Married
The first step is ensuring your marriage is legally recognized in the jurisdiction where it was performed. If married abroad, confirm that your marriage certificate meets U.S. immigration standards for validity.
Step 2: File Petition for Alien Relative
The U.S.-based spouse must file Form I-130 with U.S. Citizenship and Immigration Services (USCIS). This form serves as the official petition to establish the marital relationship and request immigration benefits for the foreign spouse.
Step 3: Submit Supporting Documentation
Both spouses must provide evidence to prove their relationship is bona fide. This includes:
- Joint bank account statements
- Photos documenting shared milestones (e.g., vacations, family events)
- Utility bills with both names
- Affidavits from friends or family attesting to the authenticity of the relationship
Step 4: Apply for Adjustment of Status or Consular Processing
If the foreign spouse is already in the U.S., they can file Form I-485 (Application to Adjust Status) alongside Form I-130 to become a permanent resident without leaving the country. If living abroad, consular processing will be required, involving an interview at a U.S. embassy or consulate.
Step 5: Attend Biometrics Appointment
The foreign spouse will attend a biometrics appointment where fingerprints, photos, and other biometric data are collected for background checks.
Step 6: Attend the Green Card Interview
Both spouses will attend an interview with USCIS or consular officials to verify their relationship’s authenticity. Be prepared to answer questions about how you met, your daily life together, and important milestones in your relationship.
Step 7: Receive Approval
If USCIS or consular officials are satisfied with your application and interview responses, the foreign spouse will be granted either conditional permanent residency (if married less than two years) or unconditional permanent residency.
Unique Challenges for Same-Sex Couples
While same-sex marriages are treated equally under U.S. law, LGBTQ couples may face unique obstacles during the green card process:
- Proving Relationship Legitimacy: In countries hostile to LGBTQ rights, gathering evidence of a bona fide relationship may be difficult due to social stigma or legal restrictions on same-sex relationships.
- Consular Risks: Foreign spouses from countries where homosexuality is criminalized may face safety risks during consular processing interviews.
- Conditional Green Cards: Couples married less than two years receive conditional residency requiring additional documentation after two years to remove conditions.
LGBTQ Green Card: Pathway to Freedom
The green card process offers LGBTQ couples an essential pathway to live freely and securely in the United States while enjoying equal rights under federal law. By understanding eligibility requirements, gathering strong evidence of your relationship’s authenticity, and preparing thoroughly for interviews, you can navigate this process successfully. With persistence and support from legal advocates when needed, you can build your future together without barriers.
FAQs About LGBTQ Green Cards
Is my same-sex marriage recognized by USCIS?
Yes! USCIS recognizes all legally valid same-sex marriages performed in jurisdictions
where such unions are lawful.
What documents do we need to prove our relationship?
Key documents include joint financial accounts, photos together over time, affidavits from friends/family, and shared leases or mortgages.
Can we apply if my spouse lives abroad?
Yes! You’ll use consular processing if your foreign spouse resides outside the U.S.
What happens if we’ve been married less than two years?
Your spouse will receive a conditional green card requiring additional steps after two years to remove conditions.
Do we need legal help?
While not mandatory, working with an immigration attorney can help address complexities unique to LGBTQ couples.
