Can Same-Sex Couples Apply for a Green Card?

When the Supreme Court ruled in favor of marriage equality, it opened the door for same-sex spouses of U.S. citizens and permanent residents to apply for green cards. But the legal right to a marriage-based green card doesn’t mean the process is easy – especially for couples already facing discrimination and adversity.

At the Law Office of Lina Baroudi, we’re committed to guiding same-sex couples through every step of the green card journey. We believe you shouldn’t need a law degree to understand your rights and options. So let’s break down what you need to know.

Your Marriage Must Be Legally Valid

To sponsor a same-sex spouse for a green card, you must prove your marriage was legally performed in a U.S. state or foreign country that recognizes same-sex marriage. This typically means providing a certified marriage certificate.

If you were previously married, you’ll also need to show that any prior marriages were legally terminated, whether through divorce, annulment, or death.

For many same-sex couples, these requirements can be challenging. Some may have married in a country that later illegalized same-sex marriage, making official records hard to obtain. Others may struggle to get cooperation from those who don’t accept their identity.

We’ve helped couples in these situations by documenting their marital history. Whether it’s tracking down alternative records, providing contextual evidence, or arguing for individual case consideration, we know how to build a strong case for the validity of your marriage.

You’ll Need to Prove a Bona Fide Relationship

Getting married isn’t enough – you must also convince U.S. Citizenship and Immigration Services (USCIS) that your marriage is authentic, not just a means to get a green card.

For heterosexual couples, this typically means providing evidence like:

• Joint financial documents such as bank statements, leases, and insurance policies
• Photos from your wedding, honeymoon, and life together
• Affidavits from friends and family attesting to your relationship

Same-sex couples may face skepticism and outright bias. USCIS officers may question the legitimacy of your relationship if you lack the conventional evidence, ignoring the realities that keep many LGBTQ+ couples from living openly.

At the Law Office of Lina Baroudi, we understand the barriers that make “traditional” relationship evidence hard to come by for same-sex partners. We work with you to curate the most compelling proof of your life together, whether that’s midnight text message screenshots, matching tattoos, or the love letters you risked everything to write.

Choosing the Right Path to a Green Card

When it comes to the green card application process, same-sex spouses have the same two options as heterosexual couples:

1. Consular processing: The foreign spouse applies for an immigrant visa at a U.S. consulate in their home country. Once issued, they can enter the U.S. and receive their green card.
2. Adjustment of status: If the foreign spouse is already in the U.S. on a valid visa (e.g. a student or visitor visa), they may be able to apply for a green card without leaving the country.

For many binational same-sex couples, however, the choice between these paths is not simply a matter of convenience. If the foreign partner’s home country criminalizes homosexuality, returning there to undergo consular processing could be dangerous or impossible.

In these cases, couples may need to explore alternative strategies, such as:

• Having the foreign partner travel to a third country to complete visa processing
• Applying for a K-1 fiancé(e) visa to allow the foreign partner to enter the U.S. and adjust status after marrying
• Requesting a waiver of the usual consular processing requirement based on the risk of persecution abroad

These approaches can be complex and are not guaranteed to succeed. But with an experienced attorney’s guidance, you can make the strongest possible case for keeping your family together and safe.

Let Us Help You Write Your Love Story

At the Law Office of Lina Baroudi, we know that every same-sex couple’s love story is unique. We also know that the immigration system often tries to force these stories into ill-fitting boxes, penalizing couples who don’t meet outdated norms.

Our mission is to help you tell your story in a way that no immigration official can deny. We’ve fought for same-sex spouses facing everything from family disapproval to forced separation to the threat of violence back home. We know how to navigate the system’s biases and find the path to your happily ever after.

Your love has already overcome so much. Let us handle the legal hurdles so you can focus on building your American future together. Contact us today to start writing the next chapter of your love story.