Background
Our client, originally from China, first arrived in the United States on an H-1B visa before later switching to an F-1 visa to pursue graduate studies in New York City. While completing his degree, he worked as a graduate research assistant and built a promising academic and professional foundation. During this time, he met his future husband, and their relationship quickly flourished.
As his student visa neared its expiration, however, uncertainty set in. He faced a difficult decision — whether to return to China or find a legal path to remain in the U.S. long-term. Same-sex marriage was not recognized or accepted in his home country, and he worried about the possible cultural and familial repercussions of marrying in the United States. Unsure of what options were available, the couple turned to Green Card Link for professional guidance.
Case Overview
At Green Card Link, our immigration attorneys carefully reviewed his situation and discussed all available options. Given his desire to build a permanent life in the U.S. with his partner, our attorneys advised that a marriage-based green card would be the most appropriate and secure pathway. Importantly, we emphasized that U.S. immigration law recognizes same-sex marriages equally, ensuring that he and his partner could pursue this process with full legal protection.
Although our client initially expressed hesitation due to the lack of same-sex marriage recognition in China, he ultimately decided to move forward with his partner’s support. Once the couple married, our immigration attorneys at Green Card Link promptly began preparing their marriage-based green card petition.
Just as the petition was nearly ready for filing, the COVID-19 pandemic abruptly changed everything. The global shutdown delayed immigration processing and caused financial strain when the U.S. citizen partner unexpectedly lost his job. This presented a potential challenge — how could the couple meet the financial sponsorship requirements necessary for the green card application?
Our team reassured them that there was a clear solution: a joint sponsor. A joint sponsor is an individual who meets the income requirements and agrees to help financially support the immigrant spouse, ensuring that the applicant will not become dependent on public assistance. With this arrangement in place, we proceeded to file the marriage green card petition in February 2020.
Supporting Evidence and Interview
Our immigration attorneys at Green Card Link meticulously assembled the petition, including:
- Proof of the U.S. citizen partner’s citizenship;
- Both partners’ biographical information;
- Extensive documentation of their genuine relationship; and
- Financial documentation verifying the joint sponsor’s qualifications.
During the USCIS interview, our client faced particularly tough scrutiny due to his Chinese nationality and the cultural stigma surrounding same-sex relationships in his home country. Immigration officers questioned the authenticity of the marriage and examined every aspect of their relationship.
Our team worked diligently to address these concerns. We presented ample evidence — including affidavits from family and friends, shared financial accounts, joint residence documentation, and personal photographs — to demonstrate the authenticity of the couple’s bond. We also ensured that the joint sponsor’s financial records and affidavits met every USCIS requirement.
Outcome
Due to pandemic-related delays, the case remained in processing for over a year. Nevertheless, our client remained patient and confident. Finally, after extensive waiting, USCIS approved the petition, granting the marriage-based green card and allowing the couple to continue their life together in the United States.
How Green Card Link Helped
This case highlights that same-sex marriage green card petitions, while legally supported, can involve additional complexities — particularly when cultural or financial challenges are involved. The immigration attorneys at Green Card Link approached every stage of the process with sensitivity, strategic planning, and unwavering advocacy.
By crafting a strong and well-documented petition, our team helped the couple overcome cultural concerns, financial obstacles, and unprecedented pandemic-related delays. Ultimately, we ensured that our client’s dream of living permanently in the United States with his partner became a reality.
If you or your partner are navigating a similar situation, the experienced immigration attorneys at Green Card Link are here to guide you through every step with compassion and expertise.
