Family-Based Immigration Options for Same-Sex Couples

Published: June 28, 2024

Family-based immigration is a cornerstone of U.S. immigration policy, allowing U.S. citizens and lawful permanent residents to sponsor their foreign-born relatives for immigration benefits. For same-sex couples, the decisions in United States v. Windsor (2013) and the subsequent ruling in Obergefell v. Hodges (2015) were pivotal, ensuring that same-sex marriages are recognized federally and enabling same-sex spouses to benefit from the same immigration rights as heterosexual couples.

Key Immigration Options for Same-Sex Couples

1. Marriage-Based Green Card: A United States citizen or lawful permanent resident can sponsor their same-sex spouse to receive a green card. This process involves filing a Petition for Alien Relative, along with proof of the bona fides of the marriage. Supporting documents such as joint financial accounts, property deeds, and photographs can substantiate the legitimacy of the relationship.

2. Fiancé(e) Visa (K-1 Visa): For couples who are engaged but not yet married, the K-1 visa allows the foreign fiancé(e) to enter the United States for the purpose of marriage. The couple must marry within 90 days of the fiancé(e)’s arrival, after which the foreign spouse can apply for a green card through adjustment of status.

3. Conditional Permanent Residence: If the marriage is less than two years old when the green card is approved, the foreign spouse receives conditional permanent residence. To lift these conditions, the couple must submit a Petition to Remove Conditions on Residence within the 90 days before the green card’s expiration, providing additional proof of a genuine marriage.

Overcoming Challenges in the Immigration Process

While the legal recognition of same-sex marriages has significantly improved the situation for LGBTQ+ couples, challenges still exist. Discrepancies in cultural attitudes, lack of understanding from immigration officers, and bureaucratic hurdles can complicate the process. ALG Lawyers, Los Angeles Immigration Lawyers is dedicated to advocating for same-sex couples, ensuring that their rights are upheld throughout the immigration process.

Legal Terms to Know

• Adjustment of Status: This process is used when a foreign national is already in the United States and applies to become a lawful permanent resident.
• Bona Fides: The genuine nature of the marital relationship.
• Conditional Permanent Residence: Temporary green card status granted to spouses married less than two years at the time of green card issuance.
• Petition for Alien Relative: The form used by U.S. citizens or lawful permanent residents to establish a qualifying relationship with an alien relative seeking immigration benefits.

Conclusion

The journey through the U.S. immigration system can be complex and challenging, especially for same-sex couples. However, with the right legal guidance and a thorough understanding of the available options, achieving your immigration goals is possible. ALG Lawyers is committed to supporting same-sex couples in navigating these legal pathways with confidence and clarity.