In 2015, the Supreme Court ruled in Obergefell v. Hodges that every state be required to issue marriage licenses to same-sex couples.
The Court determined that the federal government cannot discriminate against married lesbian and gay couples for the purposes of determining federal benefits and protections.
Therefore, USCIS views same-sex marriages the same as opposite-sex marriages indeciding on family green card applications.
Can Same-Sex Couples Apply for Marriage Green Cards?
Yes. A U.S. citizen who wishes to marry a non-U.S. citizen or permanent resident can
help their fiancé(e) obtain permanent residence in different ways:
- Apply for a fiancé(e) visa if your fiancé(e) is overseas and you want to marry in the United States. This visa lets your fiancé(e) enter the United States for 90 days so that your marriage ceremony can take place in the United States.
- Marry your fiancé(e) overseas. If you marry overseas, you can then file a Form I-130, Petition for Alien Relative, for your new spouse.
Will a previous heterosexual marriage affect your Same-Sex Green Card Application?
If either you or your spouse was married before—whether in a same-sex or opposite-sex marriage, you will need to show that any previous marriages have ended, either by death, divorce, or annulment.
If your spouse applied for a green card through a previous heterosexual marriage, your interviewer will likely ask you questions to prove if it was “marriage fraud”.
For legal advice, the best thing you can do is to consult with an immigration attorney. You can schedule a FREE Immigration Screening with us, here; select your preferred language, date and time. We offer consultation over the phone and online.