Green Card Process Through Marriage for LGBTQ Couples
The process of obtaining a green card through marriage for LGBTQ couples is identical to that of heterosexual couples. It begins with a US citizen or lawful permanent resident spouse filing a petition for an immigrant visa on behalf of their spouse. If the couple’s marriage takes place while the foreign national’s children are minors, the petitioner can also sponsor the stepchildren. It is essential for the couple to be legally married. This is sometimes a hurdle for some couples that cannot legally marry because the foreign national lives abroad in a country that does not recognize LGBTQ marriages.
In some cases, foreign nationals married to a US citizen can apply for an adjustment of status (green card application) within the United States. This typically applies to couples who are already married and residing together in the US. In such situations, the US citizen spouse submits a Petition to U.S. Citizenship and Immigration Services (USCIS) and simultaneously submits an Adjustment of Status application to acquire the green card.
What if the Foreign National is Living Abroad?
It is essential for the couple to be legally married. This is sometimes a hurdle for some couples that cannot legally marry because the foreign national lives abroad in a country that does not recognize LGBTQ marriages.
Nevertheless, the process of obtaining a green card through marriage differs when the foreign national spouse resides outside the United States. Initially, the US citizen or lawful permanent resident petitioner submits the relevant petition to the USCIS, including all necessary evidence at the time of submission. For instance, the petitioner must demonstrate a bona fide marriage to the beneficiary (foreign national).
Following the petition’s approval, the beneficiary (foreign national) applies for the immigrant visa through a “Consular Process.” This process commences once the approved petition is sent to the National Visa Center for the immigrant visa application, marking the second step of the immigration process. At this stage, both the petitioner and beneficiary must provide additional documents to the government to satisfy all legal requirements.
For instance, the petitioner must submit an Affidavit of Support, proving their financial capability to support the foreign national in the United States. If the petitioner cannot demonstrate meeting the minimum income requirement for sponsorship, a “joint sponsor” may be utilized. The joint sponsor must also present evidence of their eligibility to sponsor the foreign national.
The beneficiary (foreign national) must establish their good moral character and admissibility to the United States. This typically entails providing proof of no criminal convictions, law violations, or diseases that would prevent them from becoming a U.S. resident.
Should I Be Concerned About Discrimination Against My LGBT Marriage?
USCIS is prohibited from discriminating against same-sex couples. If your marriage relationship is private, you should have no concerns, as all your documentation will remain confidential. You might be worried about not having sufficient evidence to prove the authenticity of your marriage, especially if you are newlyweds. Sometimes, new couples may lack the evidence that USCIS typically prefers to see.
However, USCIS thoroughly examines all marriage-based cases to ensure their genuineness. Their responsibility is to confirm that people are not marrying solely to obtain U.S. lawful permanent residence (a green card). Fortunately, USCIS is not permitted to scrutinize LGBTQ marriages more closely than heterosexual marriages. So, even if you have limited evidence, there is no need to panic. With some ingenuity and assistance from your lawyer, you can demonstrate the legitimacy of your marriage.
Here are some tips on the types of evidence you can use to prove the authenticity of your marriage:
- File your next tax return as “married.” You can also amend previous tax returns to reflect your marital status;
- Request friends and family to write statements or affidavits on behalf of you and your spouse;
- Obtain copies of tickets or hotel receipts from trips you have taken together;
- Collect receipts for gifts you have purchased for each other;
- Take photos of your dates, gatherings with friends and family on holidays and special occasions, your home, and places you have visited together at various times;
- Write statements about your relationship, detailing how you met, fell in love, planned the wedding, and so on;
- Continue to gather evidence of your relationship even after submitting your petition. This will be helpful if USCIS requests additional information.
The Marriage Green Card Interview for LGBTQ Couples
Immigration interviews can be nerve-wracking, especially when dealing with a government official. However, being well-prepared can help alleviate some stress.
Begin by reviewing all the forms related to your case. Both you and your spouse should be familiar with critical dates and each other’s information, such as current employer and parents’ names. Additionally, review the documents submitted with your application package.
Your immigration lawyer can also help prepare you for the interview. They can go over your forms and documents with you and assist in gathering any additional evidence accumulated since submitting your application package. Immigration lawyers can also represent LGBT couples during the interview to ensure a smooth process.
During the interview, the Immigration Officer may ask questions about you, your spouse, and your relationship. Do not be alarmed by this; answer honestly and truthfully. Remember to take a deep breath and try to stay calm!
How IBP Immigration Law Can Help
IBP Immigration Law is committed to helping LGBTQ couples successfully navigate the marriage green card process. With a team of experienced immigration lawyers, they provide comprehensive legal assistance tailored to the unique needs of each couple. Here’s how IBP Immigration Law can help LGBTQ couples achieve success with their marriage green card:
- Expert Guidance: IBP Immigration Law’s knowledgeable attorneys understand the complexities of immigration law, particularly as it pertains to LGBTQ couples. They provide expert guidance throughout the process, ensuring that all legal requirements are met and that couples are well-informed about their rights and obligations;
- Personalized Approach: Recognizing that each couple’s situation is unique, IBP Immigration Law takes a personalized approach to address individual concerns and challenges. They work closely with clients to develop a strategy that maximizes their chances of success in obtaining a marriage green card;
- Thorough Case Preparation: The team at IBP Immigration Law meticulously prepares all necessary forms and documents, ensuring that couples submit a complete and accurate application package. They also help gather compelling evidence to prove the authenticity of the marriage and address any potential issues that might arise during the application process;
- Interview Preparation: IBP Immigration Law assists couples in preparing for the immigration interview by reviewing their forms and documents, providing guidance on potential questions, and offering tips on how to present themselves confidently and effectively. They can also represent LGBTQ couples during the interview, ensuring that the process goes smoothly and that their rights are protected;
- Ongoing Support: Throughout the marriage green card process, IBP Immigration Law provides ongoing support and communication, keeping clients informed about the status of their application and addressing any concerns or questions that may arise;
- Advocacy: In the event of any challenges or complications, the lawyers at IBP Immigration Law are ready to advocate on behalf of their LGBTQ clients, ensuring that they receive fair treatment and that their rights are upheld.
By partnering with IBP Immigration Law, LGBTQ couples can feel confident and secure in their pursuit of a marriage green card, knowing that they have a dedicated team of professionals on their side every step of the way. Schedule your consultation by clicking here.
