Gay marriage apply for green card

Gay and lesbian U.S. citizens and green card holders can therefore apply for a marriage-based green card for their foreign national spouses, and U.S. Citizenship and Immigration Service (USCIS) treats applications from same-sex couples the same as applications from heterosexual couples. If you live outside of the U.S. then you can apply for the marriage green card via consular processing.

That basically means that you wait in your home country until your I is approved. Yes, same-sex couples can sponsor their non-US citizen partners for a green card. In , the U.S. Supreme Court struck down the Defense of Marriage Act (DOMA), which had defined marriage as between one man and one woman. US immigration law recognizes same-sex marriages as equal to heterosexual marriages.

In this guide, you will find the requirements for applying for a Green Card based on marriage, the documents required and all the details to consider. Same-sex couples have the same rights as opposite-sex couples when applying for a marriage-based green card in the United States. This guide provides a comprehensive overview of the requirements, application process, and tips for success.

Call or. You might be wondering whether the United States government recognizes same-sex marriage for green cards and other immigration benefits. Fortunately, it does. As with any other immigration case, you may benefit from talking to an Austin immigration attorney who can help you through the process, explain each step and answer your questions along the way. We have helped many people in the same situation as you.

same-sex marriage immigration lawyer

Same-sex marriage is recognized as legal in every U. That means you can use all family-based immigration petitions to sponsor your same-sex partner as a U. You, like all other couples, will be held to the same standards outlined in U. In contrast, a fraudulent marriage is one in which one party married the other simply to gain an immigration benefit.

It's illegal to marry someone just to get an immigration benefit. If USCIS believes that your marriage is not genuine, it will not approve your same-sex marriage green card petition. Related: The complete guide to renewing a green card in Texas. That documentation may include anything that any other married couple is likely to have, such as:. However, you can expect that to come up during your green card interview; the USCIS official in your case will most likely ask about any prior marriages either of you had same-sex or opposite-sex.

If you were married in another country that does not recognize same-sex marriage, you may need to re-marry your spouse in the United States. You may want to talk to an Austin immigration attorney to find out what steps you should take. Related: How to get a U. Same-sex couples are entitled to all the other immigration benefits that opposite-sex couples are entitled to. Because the United States recognizes same-sex marriage at the federal level, it would be discriminatory if you were denied an immigration benefit that you otherwise qualified for based solely upon the reason that you and your spouse are the same sex.

As long as the sponsor is a United States citizen, you can apply for a K-1 visa. A green card is a card issued by U. A green card authorizes the person named on it to live and work anywhere in the U. Only people who are eligible for admission into the United States and have followed the appropriate channels can apply for lawful permanent residency.

Citizenship and Immigration Services, which is part of the U. Department of Homeland Security. It approves and denies green cards, work permits, travel permits and naturalization, as well as some other types of immigration benefits. Most green card applications are approved, but as many as 18 percent of them have been denied in recent years.

If you receive an unfavorable immigration decision, such as the denial of a green card, you may be able to appeal your case or file a motion to have it reopened or reconsidered. A lawful permanent resident is a person who legally resides in the United States without citizenship. LPRs are foreign nationals who are authorized to work or live anywhere in the U.

Lawful permanent residents can eventually apply for U.