Same-sex marriage immigration refers to the process of obtaining immigration benefits for a foreign national spouse in a same-sex marriage with a U.S. citizen or lawful permanent resident. With the recognition of same-sex marriage rights in many countries, including the United States, LGBTQ+ couples can now navigate immigration processes similarly to opposite-sex couples. This allows them to sponsor their foreign spouses for various immigration benefits, enabling them to live and work together in the United States.
Same-sex marriage immigration involves a U.S. citizen or lawful permanent resident petitioning for their foreign spouse in a legally recognized same-sex marriage to obtain immigration benefits.
Applying for immigration benefits through same-sex marriage offers several advantages. It enables spouses to reunite and reside together in the United States, work legally, and enjoy various rights and privileges available to other married couples. This includes access to healthcare, social security benefits, and the potential path to U.S. citizenship.
Marriage Validity: The marriage must be legally valid in the jurisdiction where it was performed, even if the couple resides in a state or country that does not recognize same-sex marriage.
Genuine Relationship: The couple must prove the authenticity of their marriage and relationship, demonstrating that it's not entered into solely for immigration purposes.
Petitioner's Status: The petitioner must be a U.S. citizen or lawful permanent resident.
Spouse's Eligibility: The foreign spouse seeking immigration benefits must be otherwise admissible to the United States and meet specific requirements related to the chosen immigration benefit.
I-130 Petition: The U.S. citizen or lawful permanent resident spouse files Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services (USCIS).
Form I-485 (Adjustment of Status) or Consular Processing: If the foreign spouse is in the United States, they can apply for adjustment of status using Form I-485. If outside the U.S., they'll go through consular processing at a U.S. embassy or consulate.
Form I-765 (Employment Authorization): The foreign spouse can also apply for work authorization using Form I-765 while their immigration application is pending.
Form I-131 (Advance Parole): If the foreign spouse wants to travel outside the U.S. while their application is pending, they can apply for advance parole using Form I-131.
Interview: The couple may need to attend an interview at a USCIS office as part of the application process.
Conditional Permanent Residence (if applicable): If the marriage is less than two years old when the green card is granted, the foreign spouse will receive conditional permanent residence. They must later apply to remove these conditions within the 90-day period before the green card expires.
Navigating the same-sex marriage immigration process can be complex, involving various forms, documentation, and legal steps. Seeking guidance from an experienced immigration attorney can greatly assist couples in successfully navigating this process.