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Gay Marriage Green Card
Same Sex Marriage Green Card
Ever since the 2013 Supreme Court declaration that some parts of the Defense of Marriage Act are unconstitutional, it is possible to apply for a Green Card for your same sex spouse. With a Green Card your foreign spouse can not only live in the U.S. but also work on a permanent basis. In other words, a same sex married couple has the same immigration benefits enjoyed by legally married opposite sex couples.
The Green Card that the foreign spouse gets is also referred to as Legal Permanent Residency. For a gay couple to benefit from this, they must have been married in a place where gay marriage is legal. That includes all the states in the U.S. and countries like Canada, Mexico, Spain and other countries where gay marriage is legal. You will need an immigration lawyer that is experienced to help your family f fill the immigration forms as required. Contact an immigration attorney to help with this process.
Proving Your Marriage Is Real
Opposite sex and same sex married couples have to prove they are married for their foreign partner to be able to apply for a Green Card. However, married gay couples do have some unique challenges when applying for a Green Card.
- When a gay couple is asked to produce a photo where both of them appear with their in-laws, it can be challenging if their in-laws never approved the marriage in the first place. For example, gay people are more likely to have wedding photos where their in-laws are not present.
- If one spouse was in a previous opposite sex marriage and applied for a Green Card for that ex-spouse, suspicion may arise that the spouse’s prior marriage was a fraud
Generally, when applying for a Green Card as a same sex spouse of a U.S. Citizen, the marriage must be recognized by the government of the country or state where you got married. In addition, you and your spouse must have gotten married to form a family and live like a family.
Your Path To Citizenship As Spouse Or Fiancé Of U.S. Citizen
Your current status in the U.S. can determine how you eventually become a citizen:
- If you have a student or work visa , you are eligible for a green card if you get married to a U.S. citizen
- If you have the K-1 fiancé visa, you can enter the country on condition of your engagement if you reside out of the U.S. Once you are married it can become your Green Card
- If you come from a country that has a visa waiver agreement with the U.S. , and you happen to be in the country, you may become eligible for a green card after marriage to a U.S citizen
Benefits Of Green Card For Same Sex Spouse
The following are the benefits of a Green Card for your spouse:
- Your spouse can enroll in schools in the United States without needing a student visa
- Your same-sex spouse can live and work legally in the United States
- After three years with a Green Card you same-sex spouse may apply for U.S. Citizenship
- Your spouse will be eligible for a social a U.S. Social Security Number and a U.S. Driver’s License