Frequently Asked Questions for LGBTQ+ Couples Applying for a Marriage-Based Green Card

December 4, 2025

Can same-sex couples apply for a marriage-based green card?

Yes.

Same-sex marriages are treated exactly the same as heterosexual marriages under U.S. immigration law.

If your spouse is a U.S. citizen or green card holder, you may apply for a marriage-based green card.

Does USCIS treat same-sex couples differently?

No.

USCIS is required by law to evaluate all marriages using the same standards, regardless of sexual orientation or gender identity.

There is no separate process and no higher legal burden for LGBTQ+ couples.

Do we have to live together to qualify?

No.

Living together is not legally required.

Couples may live separately due to work, school, immigration limitations, financial issues, privacy, or safety concerns.

Living apart may raise questions, but it is not a reason for denial by itself.

Do we need joint bank accounts or leases?

No.

Joint documents are helpful but not required.

USCIS also accepts alternative forms of evidence, including:

• communication records
• travel history
• affidavits from friends or community members
• beneficiary designations
• shared expenses
• proof of emotional or financial support

What if we are not out to our families?

That is okay.

USCIS does not require you to disclose your relationship to family members or provide family approval.

If family support is not available or safe, you may submit affidavits from friends, coworkers, or community members instead.

Will lack of family photos or involvement hurt our case?

Not by itself.

USCIS understands that many LGBTQ+ couples cannot safely have family participation in their relationship.

Consistency and documentation matter more than photographs.

Are online relationships accepted by USCIS?

Yes.

Meeting online is common and acceptable.

USCIS focuses on how the relationship developed, not how it began.

Do same-sex couples receive more RFEs (Requests for Evidence)?

There is no public data indicating that same-sex couples receive more RFEs than other couples.

USCIS does not publish RFE statistics by sexual orientation.

RFEs are generally issued due to missing, inconsistent, or unclear evidence not identity.

What if one or both spouses were previously married to the opposite sex?

That does not disqualify you.

You must disclose all prior marriages and provide proof that they ended legally.

A prior heterosexual marriage does not automatically create suspicion.

Are civil unions or domestic partnerships sufficient?

No.

Only legal marriage qualifies for immigration benefits.

Civil unions and domestic partnerships do not.

Does it matter where we were married?

If you married in the United States:

No. All same-sex marriages are valid nationwide for immigration purposes.

If you married abroad:

Your marriage must be legally valid in the place where it occurred.

What if our home country does not recognize same-sex marriage?

You may:

• marry in the U.S., or
• explore the fiancé visa process

Are transgender applicants treated differently?

No.

Gender identity does not affect eligibility.

USCIS does not require medical transition records.

In some cases, applicants may choose to submit legal or medical documents to explain name or gender marker differences, but there is no additional standard for transgender applicants.

Are proxy or online marriages valid for immigration?

Not by themselves.

If one or both spouses were not physically present at the wedding, the marriage is not valid for immigration unless the couple later meets in person and consummates the marriage.

What if one spouse is undocumented?

Marriage may provide possible immigration options in some cases.

However, eligibility depends on how the person entered the United States and their immigration history.

Each case must be evaluated individually.

Can USCIS deny us just because our marriage is not “traditional”?

No.

USCIS does not judge lifestyle or family structure.

Only the authenticity of the marriage matters.

What is the main legal standard USCIS uses?

USCIS asks one key question:

Was this marriage entered in good faith?