You can sponsor your same-sex partner for a U.S. green card if you are a U.S. citizen or lawful permanent resident. The U.S. government recognizes same-sex marriages equally to opposite-sex marriages in terms of immigration benefits, meaning that same-sex couples can apply for family-based immigration just like heterosexual couples. This Same-Sex Partner Green Card guide explains this in detail.
Equality in Marriage
The following are the requirements that need to be met for the same-sex partner green card, regardless of gender, to get a green card, as with most matters related to immigration, there are some issues that same-sex couples face.
Recognition of Same-Sex Marriages
Where it took place is valid for immigration purposes and being recognized is a big milestone for gay couples looking for green cards.
A Brief History
The Defense of Marriage Act (DOMA) once restricted immigration benefits to heterosexual couples. However, the U.S. Supreme Court’s decision in United States v. Windsor overturned DOMA, allowing same-sex couples to sponsor their partners for green cards. Windsor ruled it unconstitutional. This decision allowed them to apply for green cards, marking a historic shift toward equality.
What documents are needed to prove a same-sex marriage for a green card application
To prove a same-sex marriage for a U.S. green card application, you will need to provide various documents that demonstrate both the legality and authenticity of your relationship. Here’s a comprehensive list of the essential documents required:
Essential Documents
1. Proof of Marriage
- Marriage Certificate: A certified copy of your marriage certificate is crucial as it validates your marital relationship. Ensure it is from a jurisdiction that recognizes same-sex marriages.
2. Evidence of a Bona Fide Marriage
To establish that your marriage is genuine, include the following types of documentation:
- Joint Financial Documents:
- Joint bank account statements.
- Credit card statements showing shared usage.
- Tax returns filed jointly.
- Shared Living Arrangements:
- Lease agreements or mortgage documents with both names.
- Utility bills are addressed to both spouses at the same address.
- Photos and Correspondence:
- Pictures from significant events (weddings, vacations).
- Correspondence from friends and family that show shared addresses or relationships.
- Affidavits: Statements from friends or family attesting to the authenticity of your relationship.
3. Identity and Civil Documents
- For the U.S. Citizen Petitioner:
- Copy of your U.S. passport, birth certificate, or certificate of naturalization.
- For the Beneficiary:
- Passport and birth certificate (with English translation if necessary).
- Two recent passport-style photos.
4. Financial Support Documentation
- Evidence showing your ability to support your spouse financially, which may include:
- Employment letters or pay stubs.
- Bank statements showing sufficient funds.
5. Previous Marriages (if applicable)
If either spouse has been previously married, include:
- Divorce decrees or annulment documents to prove the legal termination of prior marriages.
Additional Supporting Documents
- Medical Examination: Form I-693, completed by a USCIS-designated civil surgeon.
- Background Information: Police certificates from countries where the beneficiary has lived for more than six months since age 16, if applicable3.
This documentation will help demonstrate to USCIS that your marriage is not only legally valid but also genuine and based on a committed relationship. Proper preparation and thorough documentation are key to a successful application process.
Application Process
The process for sponsoring your same-sex partner varies depending on their current location:
- If Your Partner Lives Outside the U.S.:
- You will need to file Form I-130, Petition for Alien Relative, online with USCIS. This form establishes the legitimacy of your relationship.
- After approval, your partner will go through consular processing to obtain a visa and enter the U.S.
- If Your Partner Lives in the U.S.:
- They can file Form I-485 for adjustment of status. If you are a U.S. citizen, you may file Form I-130 concurrently with Form I-485, which can expedite the process.
Proving Your Relationship
To successfully sponsor your partner, you must demonstrate that your marriage is both bona fide (genuine) and legally valid. This involves providing evidence such as:
- Joint financial accounts
- Shared property ownership
- Affidavits from friends and family attesting to your relationship
- Photos together at various events.
Challenges
While the legal framework supports same-sex couples, there can be challenges during the application process:
- Proving Relationship Authenticity: Same-sex couples may face increased scrutiny regarding the authenticity of their relationship.
- Legal Marriage Requirements: If married abroad in a jurisdiction that does not recognize same-sex marriage, this could complicate the application process.
Alternative Options
If you are not yet married, you may consider applying for a K-1 fiancé visa, which allows your partner to enter the U.S. for marriage within 90 days. After marriage, they can then apply for a marriage green card.
Legal Recognition
USCIS acknowledges and honors same-sex marriages performed in foreign countries, as long as those countries legally recognize them. However, couples in countries that do not recognize same-sex marriages may encounter additional obstacles. It is crucial to note that attempting to enter the U.S. on a tourist visa to get married is considered visa fraud and may lead to the denial of a green card. Instead, couples should explore appropriate channels for obtaining a K-1 fiancé(e) visa or an immigrant visa through a valid marriage.
Documenting Your Valid Marriage
Typically, a government-issued marriage certificate is required to prove a legal marriage. If married abroad, ensure the certificate is from a recognized government agency. To prove your green card application is legitimate, you’ll need to demonstrate your marriage is real (not just for immigration purposes). Show this with wedding photos, joint financial records, proof of living together, and children’s birth certificates (if you have them).
Civil Unions and Domestic Partnerships
U.S. law does not equate civil unions and domestic partnerships with marriage. These relationships do not simplify the green card process for foreign partners. In rare cases, a civil union or domestic partnership may be recognized as a common-law marriage if it was formed in a jurisdiction that recognizes them. However, such recognition is uncommon.
Same-Sex Fiancé and Fiancée Visas
U.S. citizens can apply for a K-1 fiancé(e) visa for their foreign-born same-sex partners. This visa allows the fiancé(e) to spend 90 days in the U.S., during which the couple must marry. After marriage, the foreign spouse can apply for “adjustment of status” to obtain lawful conditional residence. The requirements for a K-1 visa for same-sex couples are the same as for different-sex couples, including evidence of genuine intent to marry and proof of meeting in person within the last two years.
Additional Resources
For more detailed information, consult Nolo’s guide on Fiancé & Marriage Visas and the USCIS online policy manual for spouses of U.S. citizens. Nolo also offers resources on marriage-based green cards, covering the topics discussed here in greater detail.
In conclusion, while navigating the green card process as a same-sex couple involves understanding legal recognition and documentation requirements, with the right guidance, you can successfully pursue lawful permanent residence in the United States.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make you and your partner travel to the US straightforward and successful. Whether you’re applying for an IR-1 Visa or CR-1 Visa, we handle every step—from preparing your application to gathering the required documents.
Our immigration lawyer consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process, coordinating with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure visas/permits for their same-sex partner green cards IN the US. Call us today at +234 812 5505 986 to learn how we can assist you.
