Equal Rights, Equal Process

Since the U.S. Supreme Court’s United States v. Windsor decision in 2013, same-sex marriages have been recognized equally under federal immigration law. This means that gay and lesbian U.S. citizens or green card holders can sponsor their foreign-born spouses for a marriage-based green card, just like any other couple.

At Okanlaw, we represent many LGBTQ+ couples who are building their lives together in the U.S. While the legal framework treats same-sex and heterosexual marriages the same, certain practical and documentation challenges may appear more frequently for same-sex couples.

Below, we explain the most common concerns and how to prepare for them.

1. Proving a Genuine Relationship

Every marriage-based green card application begins with evidence that your marriage is real and not entered solely for immigration benefits.

There are no special rules for same-sex couples but some situations may be more complex:

a. Limited Relationship with In-Laws

During your green card interview, the USCIS or consular officer may ask about your spouse’s family names, birthdays, or family traditions.

If your in-laws have not accepted your relationship, that’s okay honesty is always the best approach. It’s better to explain that contact is limited due to family beliefs than to avoid the subject. Still, you should know basic details like names and ages to demonstrate awareness of your spouse’s family.

b. Missing Joint Lease or Employment Records

Joint leases and employer records (for example, listing your spouse as an emergency contact or benefits recipient) are strong indicators of a shared life. But discrimination in housing or employment may make these hard to obtain for LGBTQ+ couples.

If that’s the case, other documents can serve the same purpose such as joint bank statements, shared utility bills, or IDs showing the same address. You can also include life insurance or credit card statements naming each other as beneficiaries.

c. Previous Heterosexual Marriages

If one or both partners have been in a heterosexual marriage before, USCIS will require full documentation including divorce or death certificates.

Having a previous opposite-sex marriage doesn’t harm your case. What matters is that you’re honest and prepared to explain the circumstances.

If your prior marriage involved an immigration petition, officers will examine both relationships closely. Be clear that any earlier marriage was not fraudulent and focus on facts, not emotions.

2. Legal Validity of the Marriage

a. Civil Unions vs. Legal Marriage

Before the Obergefell v. Hodges ruling in 2015, many same-sex couples entered civil unions. Unfortunately, civil unions don’t provide immigration benefits. To qualify, you must be legally married either in the U.S. or in a country that recognizes same-sex marriage.

b. Where You Married Doesn’t Affect Eligibility

U.S. federal immigration law applies nationwide. Whether you married in California or Texas, your same-sex marriage is fully recognized across all states.

If you married abroad, the marriage must be legally valid where it took place. If your partner lives in a country that doesn’t recognize same-sex marriage, a K-1 fiancé visa may be the better route to reunite in the U.S.

3. Addressing Concerns About Bias

USCIS and U.S. consular officers are trained to handle LGBTQ+ cases with professionalism and cultural sensitivity.

Most immigration attorneys including our team at Okanlaw have not observed widespread bias against same-sex marriage applications.

The key is preparation: include a clear, honest cover letter explaining any details that might seem unusual (such as limited family contact or privacy at work). Transparency helps prevent unnecessary requests for evidence later in the process.

4. The Bottom Line

Under U.S. law, all marriages are equal.

Same-sex couples have the same rights, responsibilities, and opportunities as any other couple when applying for a marriage-based green card.

Immigration can still be complex, but with careful preparation and professional guidance, potential challenges can be managed effectively.

At Okanlaw, we proudly support LGBTQ+ immigrants, couples, and families ensuring that love, commitment, and equality are always at the heart of the process.