Although same-sex married couples have the same rights as heterosexual married couples, immigration for same-sex spouses can pose some challenges, which is why you need a Miami citizenship lawyer to help with your case.
Managing partner Rolando Casais, Jr. explains the LGBT asylum process.
The Supreme Court struck down the Defense of Marriage Act in 2015, making gay marriage legal across the country. This ruling gave the same rights to same-sex couples as heterosexual couples.
As a result, the United States Citizenship and Immigration Service (USCIS) now views all marriages equally when evaluating green card applications. If you are a same-sex spouse of a U.S. citizen or lawful permanent resident, you can apply for a marriage green card, just as you could if you were a heterosexual spouse.
There are some challenges that same-sex couples face when navigating the immigration process, so our Miami citizenship lawyer put together a list of tips to help you and your spouse.
Proof Of Bona Fide Marriage
All married couples must prove to the USCIS that their marriage is legitimate and based on love, not on the need for immigration status. The following documents serve as proof of bona fide marriage:
- Mortgage or lease documents showing both spouses’ names
- Utility bills with both spouses’ names
- Driver’s licenses showing the same address
- Bank statements or credit card statements showing the same address
- Letters from friends, family, or employers showing the same address
- And others
Knowledge of Spouse’s Parents
During the interview process with a USCIS official, each spouse will be asked questions about the other spouse. These are questions that spouses typically know about the other such as the other spouse’s parents’ names. However, some same-sex couples feel they cannot introduce their significant other to their parents because they do not share the same views on same-sex relationships.
This is a valid concern, and we recommend that, even if your spouse does not know your parents, they still learn details about them, including their names, ages, and cities of residence.
Proving Residence Without Documentation
Housing discrimination is still possible in some areas, and if you live in a place where your landlord may discriminate against your same-sex spouse being on your lease, you may choose to leave them off. Not having a housing document with both spouses’ names on it can present a problem when trying to prove a bona fide marriage.
While this arrangement can be a legitimate response to a fear of discrimination, it can also raise red flags to the USCIS since they need to see that you and your spouse are living together and sharing financial assets. If you cannot produce a joint lease agreement, our Miami citizenship lawyer recommends that you provide other documentation, such as a utility bill with both of your names on it, or show that you are each other’s beneficiary on a life insurance policy.
Proof Of Legal Marriage
Not only does your marriage need to be bona fide, but you must also show proof that it is legal. Same-sex marriage is still not legal in India and many other countries around the world. At the same time, it is legal in 32 countries, including the U.S.
If you were married in a country that does not recognize same-sex marriage, you will need to be married in the U.S. before applying for immigration status. And if you need a fiance visa to get married in the U.S., our Miami citizenship lawyer is prepared to assist.
Casais & Prias Can Help With Your Immigration Needs
The process of legal immigration to the United States can be complex, and if you skip a step, the process can take even longer. Our attorneys are skilled in immigration law, LGBTQ law, LGBT asylum law, and family law, and we are qualified to help with your same-sex citizenship questions. Contact us today to schedule a free case evaluation. We look forward to working with you.
