Gay marriage and immigration

If you would like help with an appeal, please note that the process is very time sensitive. Brudner Law’s resources page provides insights into navigating green card denials and more.

How Brudner Law Can Help

Applying for a marriage-based green card can be challenging, and LGBTQ+ couples often face additional barriers that require experienced legal support.

Brudner Law offers:

• Full legal support for same-sex marriage green card applications
• Guidance on overcoming international legal barriers
• Representation in cases involving waivers or asylum claims

For assistance, contact Brudner Law or call 714-794-9366 to discuss your case.

Navigating the Path to Permanent Residency Together

LGBTQ+ couples have the same rights as any other couple in the U.S.

immigration system, but that doesn’t mean the process is always straightforward. Learn more.

Conclusion

All marriages are equal under U.S. law

It’s the law of the land that same-sex marriages be treated the same as heterosexual marriages throughout the immigration system.

That said, as with anything related to immigration, the best practice is to honestly and clearly explain any potentially confusing situations.

If you’ve been married in the past, USCIS will know. As with any interview questions, it’s a good idea to prepare ahead of time, and it’s essential to answer honestly.

This issue becomes more complicated if you or your gay spouse previously filed a green card application (specifically, the I-130 petition) based on a prior heterosexual marriage.

These could be questions about the names of your spouse’s siblings or what you did as a family for your mother-in-law’s most recent birthday.

If your spouse’s family does not accept your marriage, these questions can be challenging.

As with any other issue, the best approach is always honesty. These might include a joint utility bill, copies of your driver’s licenses or ID cards showing the same address, or any other official documents that show both of you living at the same place.

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The important thing is to provide proof that you live together and that you have joint financial assets and responsibilities.

Prior heterosexual marriages

One common concern for same-sex couples arises if one or both of the partners has had a heterosexual marriage in the past.

So is correspondence between each spouse and his or her in-laws. Being completely ignorant of your spouse’s family could raise suspicions during your green card interview.

Lack of employment or lease documents

Another strong way to prove that your marriage is authentic is to show that you and your spouse have a joint lease or that your spouse is listed on documents with your employer—for example, as an emergency contact and/or as a beneficiary of any employment-related benefits.

Since the Supreme Court ruled that same-sex marriages must be recognized everywhere in the United States, you do not need to get married in a state that passed its own law legalizing same-sex marriages.

Does it matter where we were married abroad?

As with heterosexual marriages, your marriage must be valid in the place it was performed.

USCIS requires clear proof that the marriage is genuine, which may include:

• Joint bank accounts, insurance policies, and tax returns
• Letters from family and friends confirming the legitimacy of the relationship
• Photos from family events, vacations, and shared experiences
• Travel records showing time spent together

Legal Barriers in Other Countries

Many countries still criminalize LGBTQ+ relationships or do not recognize same-sex marriage, making it harder for couples to obtain necessary documentation.

Common reasons for rejection include:

• Lack of sufficient evidence of a bona fide marriage
• Previous immigration violations or criminal records
• Inconsistencies in interview answers

Options after a denial:

• File an appeal or motion to reopen the case
• Submit additional supporting documentation
• Reapply with stronger evidence

If your case is denied, seeking legal assistance is crucial.

If your husband or wife lives in a country that doesn’t recognize same-sex marriages, then you might want to consider applying for a fiancé visa.

U.S. immigration law treats same-sex marriages equally to opposite-sex marriages, meaning LGBTQ+ couples can apply for a marriage-based green card under the same requirements.

To qualify, applicants must meet these conditions:

• The couple must be legally married in a jurisdiction that recognizes same-sex marriage.
• One spouse must be a U.S.

  The short answer: yes!

  The U.S. Supreme Court’s federal marriage equality decision in 2013 (United States v. That means that you must get married in a country that recognizes same-sex marriages (or you can get married anywhere in the United States). If you are concerned that you will be unable to pay for our services, you can raise those concerns during your initial consultation.

Contact Information 

Email lgbtimmigrants @ immigrantjustice.org for general information.