Sponsoring a Same-Sex Spouse for U.S. Immigration
If you’re in a same-sex marriage and wondering whether you can sponsor your spouse for U.S. immigration, the answer is yes. At Robert M. Bell, we’re proud to help same-sex couples throughout Florida get through the immigration process and build their lives together in the United States.
Since the landmark Supreme Court decision in United States v. Windsor in 2013 and the subsequent 2015 ruling in Obergefell v. Hodges, same-sex marriages have been treated equally under federal immigration law. Contact our family immigration attorney today for more information.
Equal Treatment Under Immigration Law
The U.S. Citizenship and Immigration Services (USCIS) recognizes all legally valid marriages for immigration purposes, regardless of whether they involve opposite-sex or same-sex couples. This means that if you’re a U.S. citizen or lawful permanent resident in a legally valid same-sex marriage, you have the same right to petition for your spouse as any other married couple.
Your same-sex spouse is considered an “immediate relative” if you’re a U.S. citizen, meaning there’s no numerical limitation or waiting period for visa availability. If you’re a lawful permanent resident (green card holder), your spouse falls into the F2A preference category, which typically has shorter wait times than other family preference categories.
What Makes a Marriage Valid for Immigration
For immigration purposes, what matters is whether your marriage is legally valid in the place where it was celebrated. If you were married in a U.S. state or a foreign country where same-sex marriage is legal, USCIS will recognize that marriage. Even if you currently live in a jurisdiction that doesn’t recognize same-sex marriages.
The exact requirements that apply to all marriages apply equally to same-sex marriages: you must demonstrate that your marriage is bona fide (genuine and not entered into solely for immigration benefits), provide proof of your legal marriage with a valid marriage certificate, and meet all other standard eligibility requirements.
The Process is the Same
Sponsoring your same-sex spouse follows the identical process as sponsoring an opposite-sex spouse. As the petitioning spouse, you’ll file Form I-130, Petition for Alien Relative, with USCIS. You’ll need to provide your marriage certificate, evidence of any prior marriages that were legally terminated, and documentation of your U.S. citizenship or permanent resident status.
Additionally, you’ll need to demonstrate that your marriage is genuine by providing evidence such as joint financial accounts, joint leases or property ownership, photographs together, correspondence, affidavits from family and friends, and other documentation of your shared life.
If your spouse is already in the United States, they may be eligible to adjust status without leaving the country. If they’re outside the U.S., they’ll go through consular processing at a U.S. embassy or consulate in their home country.
Overcoming Challenges With Our Family Immigration Lawyer
While the law treats same-sex marriages equally, we understand that LGBTQ+ couples may face unique challenges. Some countries still don’t recognize same-sex relationships, which can complicate consular processing. Cultural or family circumstances may make it more challenging to gather certain types of evidence. Some couples worry about discrimination or bias in the immigration process.
At Robert M. Bell, our bilingual team understands these concerns and works with sensitivity and experience to help same-sex couples address any obstacles. We ensure your petition is thoroughly documented and compellingly presented to maximize your chances of success.
Contact us online or call (954) 241-4209 today. Our compassionate, experienced team is here to guide you through every step of sponsoring your same-sex spouse for immigration.