LGBTQ+ Immigration: Marriage Green Card Applications For Same-Sex Couples

As society progresses towards greater equality, we understand and acknowledge that recent legislation has had both positive and negative impacts on the rights of LGBTQ+ couples. However, amidst these challenges, it is important to remember that certain rights apply to all legally married spouses, such as the ability to apply for a Green Card through marriage. Applying for a marriage Green Card can be a complex process, and same-sex couples may have unique questions and concerns. Here at Alvva, we are committed to providing fair and inclusive immigration opportunities for all, and are here to offer our support and assistance to LGBTQ+ couples throughout their immigration journey, while recognizing and empathizing with the unique challenges you may face. In this article, we will address some common questions and guides to help navigate the application process successfully.

Eligibility and Requirements for Inclusive Marriage Green Card Applications

To apply for a marriage Green Card as a same-sex couple, the eligibility requirements are the same as for opposite-sex couples, whether you need consular processing or adjustment of status. If you are applying for a marriage Green Card for your partner, you (as the sponsoring spouse) must be either a U.S. citizen or a lawful permanent resident (LPR). Additionally, you and your partner must be legally married to continue with the application process. It is crucial to submit proper documentation to establish the validity of the marriage. This includes providing a marriage certificate issued by a legally recognized authority, evidence of a bona fide marital relationship, and proof of the sponsoring spouse's U.S. citizenship or LPR status.

Consulting with an immigration attorney or utilizing online platforms like Alvva can help ensure that all necessary documents are prepared accurately. With Alvva you can submit all your information and documents needed to fill out your forms from the comfort of your home. Alvva provides significant savings compared to immigration lawyers and has no hidden fees. Our transparent, fixed pricing helps applicants stick to a budget. Check your elegibility and start today!

Important Documents to Prove the Authenticity of Your Marriage

While proving the authenticity of your marriage is essential, it can also present some challenges as you may not know what you can use as evidence. Here are a few common documents you can use to prove your relationship es legitimate:

1. Marriage Certificate: This document is the foundation of your Green Card application. It proves that your marriage is legally recognized. If you married your partner abroad, this won’t be an issue for your application, as long as the marriage is legally recognized in the country where the marriage ceremony took place, so that your marriage certificate is valid. If you plan to marry outside of the US and live in a country that bans same-sex marriage, you can also consider traveling in order to get married in a different country that will recognize your marriage. This can be a good option for couples who aren’t able to secure a fiancé visa for the US.
2. Joint Financial Accounts: Providing evidence of joint bank accounts, shared credit cards, or joint loan applications demonstrates financial interdependence and a long-term commitment to building a life together.
3. Lease or Mortgage Papers: Furnishing documents that show joint ownership or rental agreements further substantiate the shared commitment to your marital home.
4. Utility Bills: Sharing utility bills in both names, such as electricity, water, or internet bills, exemplifies cohabitation and shared household responsibilities.
5. Photos and Social Media Posts: Including a variety of photographs and social media posts documenting your relationship, milestones, vacations, and family events can provide visual proof of your genuine bond.
6. Recommendation Letters from Family and Friends: Recommendation letters from trusted family members and friends who can vouch for the authenticity of your marriage can be valuable supporting evidence.

Gathering this information to prove your relationship is real and that you’re not just looking for a benefit can be challenging, which is why we recommend that couples begin putting their evidence together ahead of time to avoid any delays or rejections once the application has been filed. If you want to avoid any delays or denials, check out our article on common mistakes to avoid during your immigration process.

Your USCIS Interview: What to Expect and How to Prepare

Demonstrating a strong relationship with your spouse's family is important for all couples. The officer involved in your interview will likely ask about your spouse's family. This may involve questions such as the names of your spouse's siblings or celebrations within the family. If your spouse's family does not accept your marriage, these questions may present a challenge. In such cases, it is best to approach the situation with honesty. For example, if you haven't met your mother-in-law due to personal circumstances, it is better to explain this rather than trying to hide the absence of a relationship with your in-laws. However, it is still important to be aware of their names and ages, even if you haven't met them. Being completely unaware of your spouse's family could raise suspicions during the Green Card interview.

For LGBTQ+ couples who have had prior heterosexual marriages, it's important to keep in mind that the USCIS will already be aware of these marriages. You must list all previous marriages in the Green Card forms and provide divorce or death certificates as evidence of the legal termination of those marriages. While questions about previous marriages to individuals of the opposite sex may arise during the Green Card interview, having had such a marriage does not automatically raise concerns. It's recommended to proactively prepare for interview questions and respond truthfully at all times. Honesty is key!

Conclusion

The federal marriage equality decision by the U.S. Supreme Court in 2013 marked a significant milestone for same-sex marriages in the United States. This landmark decision ensures that the USCIS treats applications from same-sex couples with the same fairness and consideration as applications from opposite-sex couples. However, it is important to acknowledge that certain state legislation isn’t as supportive and complexities may arise in some cases. These intricacies highlight the importance of staying informed about state legislation that may differ in its support and recognition of diverse marriages.

At Alvva, we strive to provide accurate and up-to-date information regarding the Green Card application process for all couples, while also being sensitive to the unique challenges faced by LGBTQ+ couples. Our goal is to assist and support you throughout your journey, ensuring that you have the necessary resources and guidance to overcome any issues that may arise. Head over to Alvva, and start your consultation today.