GREEN CARDS THROUGH SAME SEX MARRIAGE TO A US CITIZEN
The Supreme Court’s decision to overturn the Defense of Marriage Act settles a major unresolved issue in the immigration reform debate by clearing the way for gay U.S. citizens to sponsor foreign-born spouses for green cards.
Marriage to a U.S. citizen is a relatively fast way to immigrant to the United States. The wait times that apply to other visa categories do not apply to those who are immigrating based on marriage to a U.S. citizen. However, the USCIS will check carefully to insure that your marriage is bona fide and that you did not marry to obtain an immigration benefit. It is highly recommended that you consult an experienced immigration attorney to guide you though the greencard process.
States that Recognize Same-Sex Marriage
- New Hampshire
- New York
- Washington, D.C.
- Rhode Island
- FAQs for Binational Couples applying for Green Cards
- Immigrant Visas for Spouses of a U.S. Citizen (State Department)
- Guidance Regarding Surviving Spouses of Deceased U.S. Citizens & Their Children – USCIS (12-02-09)
SAME SEX MARRIAGE TO A U.S. LEGAL PERMANENT RESIDENT
It is possible to immigrant through marriage to a Legal Permanent Resident of the United States however, the wait times can be significantly long. If your spouse can become a U.S. citizen, you can upgrade your petition.
If you are married to a U.S. citizen but you are outside the United States, you will require a K-3 visa to enter the United States. You can also bring your children.
If you are engaged to a U.S. citizen, it is possible to obtain a temporary K-1 fiance visa to enter the United States for the purpose of your marriage. You can also bring your children.
If your marriage is less than two years old when the foreign-born spouse becomes a permanent resident, the green card will expire after a two-year period. Both spouses must submit a joint petition to remove the two-year condition within the 90-day period immediately preceding the end of the two year period. If the marriage has ended by reason of divorce, death of the citizen spouse, or spousal abuse, the foreign-born spouse may apply for a waiver of the joint petition requirement.