Just like heterosexual marriages, your wedding needs to be legitimate into the put it ended up being done.

This dilemma becomes more difficult if you or your homosexual spouse formerly filed an eco-friendly card application (particularly, the I-130 petition) according to a prior heterosexual wedding. During the interview, you can face accusations that this previous marriage ended up being fraudulent and entirely designed to get a card that is green. In the event that you became a U.S. resident or a card that is green centered on a prior wedding consequently they are now sponsoring your partner for an eco-friendly card, your overall wedding may also be extremely scrutinized.

If some of these situations affect you, it is critical you were previously in a heterosexual marriage that you be prepared to explain honestly and clearly why. It’s less important to find yourself in the psychological information on your ex-spouse to your relationship; what is very important is to establish which you are not hitched solely for immigration purposes.

Any questions you have — for no additional fee with Boundless, you get the confidence of an independent immigration attorney who will review all of your application materials and answer. Find out more about what you will get with Boundless, or check always your eligibility 100% free.

Legally Valid Wedding

Individual through the case of showing an authentic wedding (described above), same-sex partners may face unique challenges in developing the legal credibility of the wedding.

Marriages vs. civil unions

Before wedding equality had been founded through the entire united states of america because of the Supreme Court in 2015 ( Obergefell v. Hodges), numerous homosexual and couples that are lesbian into civil unions that provided a number of the exact same advantages as wedding. Immigration advantages, nevertheless, are not merely one associated with great things about civil unions. Both you and your partner needs to be hitched, perhaps not simply accompanied in a civil union, to qualify for a gay wedding green card.

Does it make a difference where we had been hitched in the us?

No. Immigration benefits are governed by U.S. federal legislation, so state or regional rules regarding homosexual liberties are unimportant with regards to immigration. Because the Supreme Court ruled that same-sex marriages needs to be recognized all around the united states of america, you certainly do not need to have hitched in a situation that passed its own legislation legalizing same-sex marriages.

Does it make a difference where we had been hitched abroad?

which means you can get married anywhere in the United States) that you must get married in a country that recognizes same-sex marriages (or. In the event the wife or husband everyday lives in a country that does not recognize same-sex marriages, then you may like to start thinking about applying for a fiancГ© visa. To find out more, see our guide on what is a FiancГ© Visa Different from a Marriage-Based Green Card?

Perhaps not certain that you be eligible for a marriage-based green card? You should check your eligibility through Boundless without supplying any individual or financial information. You through every milestone of the marriage-based green card process, starting with your Form I-130 all the way to the finish line when you’re ready to apply, Boundless can guide. Find out more, or begin today.

Concerns About Bias

Because specific consular officers and USCIS officers have actually plenty of freedom to make use of their discernment whenever giving fastflirting or doubting green card applications, numerous same-sex partners bother about getting a biased officer who’s inclined to reject all green card applications centered on a marriage that is same-sex.

USCIS and consular officers have obtained sensitiveness training on LGBTQ dilemmas and, as experts and general public servants, they have been likely to carry the law out. Lawyers whom help with a lot of same-sex marriage-based green card situations never have reported a significant bias problem among USCIS or consular officers.

Boundless works together with married couples from different backgrounds, including couples that are same-sex. An independent immigration attorney will answer any questions you have about your application — for no additional fee as part of what you get with Boundless. Look at your eligibility with no responsibility, or find out about our solutions.

Summary

All marriages are equal beneath the legislation

It’s the statutory legislation of this land that same-sex marriages be treated just like heterosexual marriages through the entire immigration system.

Having said that, much like such a thing linked to immigration, the best training is to actually and plainly explain any potentially confusing circumstances. You may avoid being asked for more evidence of an authentic marriage at the interview stage if you include in your filing package a genuine written explanation (in the form of a cover letter, for example) for any potential issues your green card application might face.

The point is, consular officers and USCIS officers receive sensitiveness training about social and other dilemmas faced by same-sex couples, so they really won’t be shocked to know that some body from a country that is conservative not “out” to his / her manager, for instance.

While partners may often face unique hurdles whenever trying to get a same-sex wedding green card, these challenges must be very easy to deal with generally in most cases, specially with appropriate documents and planning.

For an appartment price of $950, Boundless makes it possible to finish your complete marriage-based card that is greenspousal visa) application — including all needed types and supporting documents, separate lawyer review, and help — through the minute the job is filed until such time you get your green card. Discover more, or look at your eligibility at no cost.

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