Same-Sex Marriage Green Card: How to Bring Your Spouse to the U.S.
Marriage is often considered the ultimate expression of love and commitment. For couples separated by borders, however, distance can place a heavy strain on the relationship. Thankfully, U.S. immigration law recognizes same-sex marriages equally with heterosexual marriages. Following the landmark United States v. Windsor decision in 2013 and later Obergefell v. Hodges in 2015, same-sex couples now enjoy the same immigration benefits, including the ability to apply for a marriage-based green card for their spouses.
At Green Card Link, its immigration attorneys understand that marriage-based immigration can be both complex and emotionally challenging. This guide explains the process of applying for a same-sex marriage green card, common hurdles LGBTQ+ couples face, and practical steps to increase your chances of approval.
The Same-Sex Marriage Green Card Process
Because U.S. immigration law treats same-sex marriages the same as heterosexual marriages, the application process is nearly identical. However, applicants in same-sex marriages sometimes face additional scrutiny when proving that their marriage is genuine (bona fide). In this guide, we will also cover:
- The difference between legal marriages, civil unions, and domestic partnerships.
- How international laws regarding same-sex marriage can affect your case.
- Documentation you need to prove your relationship.
- Frequently asked questions about same-sex green card applications.
Marriages vs. Civil Unions and Domestic Partnerships
Before nationwide marriage equality, civil unions and domestic partnerships were the only legal recognition available to many same-sex couples. While these unions offered certain benefits, U.S. immigration law requires a legal marriage for green card eligibility. Civil unions or domestic partnerships do not qualify for a same-sex marriage green card.
If you are in a civil union, you should consider marrying your partner—something legally available in all 50 states since 2015. Because immigration is governed by federal law, local or state laws cannot block your eligibility for a marriage-based petition.
International Considerations for Same-Sex Couples
If your marriage took place in one of the 29 countries where same-sex marriage is legal—such as Canada, the United Kingdom, Spain, France, or Mexico—your union will generally be recognized under U.S. immigration law.
However, if your partner lives in a country where same-sex marriage is not legal—or worse, criminalized—you cannot marry there for immigration purposes. In these cases, many couples consider the K-1 fiancé visa, which allows your partner to enter the U.S. so you can marry here legally.
Some countries where same-sex marriage remains prohibited include Afghanistan, Algeria, and many nations in the Middle East and Asia. For couples facing these challenges, an immigration attorney at Green Card Link can help determine the best path forward, ensuring your case is filed correctly to avoid unnecessary delays.
Proving the Legitimacy of Your Relationship
One of the most important aspects of the green card application is demonstrating that your marriage is real. USCIS officers will look for strong evidence, which may include:
- Photos and correspondence documenting your relationship.
- Joint lease or mortgage agreements listing both names.
- Utility bills, bank accounts, or insurance policies showing shared responsibility.
- Memberships or subscriptions in both names.
- Proof of shared benefits such as employer-based health or life insurance.
If you have close ties with your spouse’s family, this can also strengthen your case. But if strained relationships exist due to homophobia or cultural bias, you should be honest during your green card interview. At a minimum, it is wise to know the names of immediate family members to show good faith.
For couples who cannot safely live together due to discrimination in their community, the immigration attorneys at Green Card Link can help identify alternative documentation that proves your marriage is bona fide.
K-1 Fiancé Visas for Same-Sex Couples
Yes—same-sex couples are eligible for K-1 fiancé visas, provided the petitioning partner is a U.S. citizen. Once your fiancé arrives in the United States, you must marry within 90 days to proceed with adjustment of status. Otherwise, your partner will need to return to their home country.
The Green Card Interview for Same-Sex Couples
The marriage green card interview process for same-sex couples mirrors that of heterosexual couples. A USCIS or consular officer will ask questions to confirm that your marriage is genuine. Expect questions about:
- How you met and built your relationship.
- Daily life and how you spend time together.
- Your relationship with in-laws and extended family.
The officer will also check that all required documents have been submitted correctly. Having a complete and error-free application is critical, and immigration attorneys at Green Card Link can ensure your case is fully prepared before the interview.
Frequently Asked Questions
1. What if I had a heterosexual marriage in the past?
You must disclose all prior marriages on your I-130 petition, along with divorce decrees or death certificates. A history of heterosexual relationships does not automatically disqualify you from obtaining a same-sex marriage green card, but you must be prepared to explain your history honestly. Concealing prior marriages can be considered fraud.
2. Are there special requirements for same-sex marriage green cards?
No. Same-sex couples must meet the same requirements as heterosexual couples.
3. Can I apply for a marriage green card if I only have a civil union?
No. A civil union or domestic partnership does not qualify. You must be legally married. If your partner is abroad, you may pursue a K-1 fiancé visa as an alternative.
Let Green Card Link Help You Bring Your Spouse to the U.S.
Same-sex marriage green cards offer LGBTQ+ couples the opportunity to live together in the United States without the strain of long-distance separation. The process, however, can be complicated—especially when dealing with international legal barriers or concerns about proving a bona fide relationship.
At Green Card Link, its immigration attorneys have extensive experience guiding same-sex couples through the marriage-based immigration process. From filing petitions to preparing for interviews, they work to ensure your application is accurate, complete, and tailored to your unique situation.
Gay Marriage Green Card: Common Questions Answered
What if the immigration officer at my interview is homophobic?
It is natural to feel concerned about possible bias during your marriage-based green card interview. USCIS officers hold significant influence over the outcome of your application, but you can be reassured that they are not permitted to make decisions based on personal beliefs. Officers receive specialized training on LGBTQ+ concerns and must follow U.S. immigration laws, not individual prejudice. In practice, most officers approach cases involving same-sex couples with professionalism and understanding, recognizing the unique challenges that LGBTQ+ families may face.
What if I married in a country that does not recognize same-sex marriage?
For a marriage-based green card, the marriage must have taken place in a country where same-sex marriage is legally recognized. For example, if you married in Algeria—where same-sex marriages are not legally valid—and your spouse resides outside of the United States, you would not be able to file directly for a marriage green card. Instead, your best option would be to pursue a fiancé visa (K-1).
The K-1 process begins with filing Form I-129F, Petition for Alien Fiancé(e). Once approved, the U.S. embassy in your spouse’s country will contact them (usually within 30 days) with details about their visa interview. The sponsored partner must also complete Form DS-160, Online Nonimmigrant Visa Application, and provide the required supporting documents. After the interview at the nearest U.S. embassy or consulate, USCIS will review the case and may request additional evidence before making a final decision. If approved, your fiancé(e) can travel to the U.S., and you must marry within 90 days in order to move forward with the green card process.
Does my child need to be biologically related to a U.S. citizen parent?
Thanks to a recent policy update from the U.S. Department of State, children born abroad through surrogacy or in vitro fertilization to same-sex couples may obtain U.S. citizenship if they are genetically related to at least one parent. Previously, the law required a direct genetic link to the U.S. citizen parent specifically, but this modernized rule now ensures broader recognition and protection for LGBTQ+ families.
Can my same-sex spouse apply for naturalization after three years?
Yes. Same-sex couples are treated equally under U.S. immigration law. A green card holder married to a U.S. citizen spouse can apply for naturalization after three years of permanent residency, provided they meet all other eligibility requirements.
How much does it cost to file a marriage-based green card?
Currently, the filing fee for Form I-130, Petition for Alien Relative, is $535. This can be paid via money order, personal check, or cashier’s check. Keep in mind that additional costs may apply, such as fees for medical examinations, biometrics, and professional guidance from immigration attorneys at Green Card Link.
What is the timeline for a gay marriage green card?
Processing times for marriage-based green cards involving same-sex couples generally range from 9 to 38 months, though this may vary depending on USCIS workload, the applicant’s location, and whether Requests for Evidence (RFEs) are issued.
The process typically includes the following steps:
- Filing Form I-130 with supporting evidence such as your marriage certificate and proof of a shared life (joint bank accounts, utility bills, leases, etc.).
- If you are already in the United States, you may file Form I-485, Application to Register Permanent Residence or Adjust Status, concurrently with Form I-130.
- If your spouse is abroad, you will go through consular processing. After USCIS approves your I-130, the petition moves to the National Visa Center (NVC). The NVC will request your filing package, which includes fees, Form DS-260, Immigrant Visa Application, supporting identity documents, police certificates, and the I-864 Affidavit of Support.
- The final step is the green card interview, conducted either in the U.S. (for adjustment of status) or abroad (for consular processing). USCIS will notify you of the time and date.
Whether your case moves faster or slower will depend on your marital status at the time of filing, your location, and the specific visa pathway pursued.
Why seek help from immigration attorneys at Green Card Link?
Applying for a marriage-based green card is one of the most important steps in your life, but it can also be one of the most complex. Even small errors in the application paperwork may lead to costly delays, Requests for Evidence, or even denials. At Green Card Link, its immigration attorneys have extensive experience handling same-sex marriage green card applications and consistently achieve strong approval outcomes for clients. Working with knowledgeable professionals gives you peace of mind and maximizes your chances of success.