Typical issues homosexual and couples that are lesbian have with green card applications
How Is It Possible?
The answer that is short yes!
The U.S. Supreme Court’s marriage that is federal decision in 2013 ( United States v. Windsor) implies that same-sex marriages are addressed exactly like heterosexual marriages for immigration purposes under U.S. law.
Gay and lesbian U.S. residents and green card holders can consequently submit an application for a marriage-based green card for his or her international national partners, and united states of america Citizenship and Immigration provider (USCIS) treats applications from same-sex partners exactly like applications from heterosexual partners.
Nonetheless, you can find a areas that are few are more prone to cause hiccups for same-sex partners compared to heterosexual couples.
Listed here is a rundown of typical issues for same-sex partners and exactly how to manage them.
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Genuine Relationship
The building blocks of any marriage-based green card application is appearing that you as well as your partner have actually a geniune wedding, as opposed to a marriage entirely meant to assist the foreign national partner obtain a green card.
There are not any unique needs for same-sex couples—you need the same papers as heterosexual partners to show a geniune wedding (to learn more by what to incorporate, see guide how Do We show Our wedding Is genuine?). Nonetheless, there are many challenges that are potential are more prevalent among same-sex partners than among heterosexual partners.
No relationship with in-laws
Photos of you, your better half, along with your particular families are a great way to prove your relationship is authentic in your initial filing package (I-130 petition). Therefore is communication between each spouse along with his or her in-laws. Showing a relationship with your spouse’s household is also more crucial throughout the green card interview. The USCIS or consular officer performing the green card interview will almost always make inquiries regarding the spouse’s family members. These could possibly be questions about the names of the spouse’s siblings or that which you did as a household for the mother-in-law’s many birthday that is recent.
When your spouse’s family members doesn’t accept your wedding, these concerns can be challenging.
As with every other problem, the approach that is best is always honesty. As an example, it is far better to explain which you’ve never met your mother-in-law because this woman is homophobic, than attempting to protect the fact up you do not have relationship together with your in-laws. Also in the event that you’ve never met your in-laws, nevertheless, you need to know their names and ages. Being entirely ignorant of one’s spouse’s family members could raise suspicions through your card that is green meeting.
Not enough work or rent documents
Another strong method to show that your particular wedding is authentic is always to show which you along with your partner have actually a joint rent or that your particular partner is noted on papers together with your employer—for example, as an urgent situation contact and/or as a beneficiary of every employment-related advantages. This is challenging for same-sex couples whom worry discrimination either from landlords or from employers, particularly because only a few continuing states lawfully protect LGBTQ folks from discrimination in housing or work.
If you don’t have a joint rent, you are able to show that you along with your spouse live together utilizing other papers. These might add a joint household bill, copies of one’s driver’s licenses or ID cards showing the exact same address, or just about any other official papers that reveal the two of you residing during the exact same spot. If the partner isn’t mentioned in almost any of one’s employment-related documents, it is possible to submit other papers that demonstrate that you have joint savings. This may consist of joint banking account statements, documents showing both you and your spouse 
due to the fact beneficiaries of each and every other’s life insurance coverage policies (which will not need to be employer-provided), or joint bank card statements.
The biggest thing is always to offer evidence which you have joint financial assets and responsibilities that you live together and.
Prior heterosexual marriages
One typical concern for same-sex partners arises if a person or each of the lovers has already established a heterosexual wedding in past times. In the event that you’ve been hitched in past times, USCIS will understand. You have to list any and all sorts of previous failed marriages on the green card types (I-130 petition), also to provide divorce or separation certificates or death certificates showing that any previous failed marriages had been legitimately ended. Even though you should expect questions regarding your opposite-sex wedding at your green card interview, having a previous heterosexual wedding will maybe not automatically raise warning flag. As with every interview concerns, it is a idea that is good prepare in advance, also it’s necessary to answer really.
