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Can LGBTQ Spouse Apply for Green Card?


LGBTQ spouse green card is a major concern in their community. Since the Us Supreme Court’s historic decision made clear treating same-sex married couples equally as a conventional married couple in immigration law, LGBTQ members are eager to know all about their rights.

And if someone is looking for an answer, whether an LGBTQ spouse can get a Green Card?  The answer is YES.

However, one must have a legit relationship that is the only thing that the law of the land demands.  For the rest of the thing, we have provided detailed information about how to approach the officials.


LGBTQ Spouse Relationship with Valid Proofs

One must not forget that he/she is applying for a USA green card and for that whole world aspire to have one. Even officials and government knows about it and because of that, they take their work very seriously. So it is highly advisable to present all the proofs that can speak louder about your relationships like photographs, most importantly photographs with family and friends. Showing the relationship of your spouse with your family plays a major role in convincing officials. If one is int the relationship for a very long time then only photographs of them will serve the purpose.

LGBTQ Spouse Have common assets

Another way of proving your relationship is by showing them that your spouse and you have the common lease. You can also show that your spouse’s name has been listed in the documents like emergency contact or will receive all the benefits from your employment earning. Despite court orders, many LGBTQ Spouses or members face humiliation from either landlords or people live around them that is why it is important for them to save their assets by naming it to someone who is close to them. That is why the government considers these proofs mentioned above.



What if in the past one was conventionally married to the opposite sex

It is very common or chances of coming to this type of case are very frequent. The reason is much time Gay people don’t aware of their love interest. Most of them realize after being in relation with an opposite-sex partner. At the time when one submits his/her application or sponsor a spouse for a green card one will have to give information about his/her past marriage.  if one was married in the past and also when the marriage was officially terminated. USCIS will look into it very closely. So it will be great if one will go fully prepared to them with honest answers.

There have been some cases where one has got his/her green card through a previous marriage which was a conventional one and now is sponsoring his/her gay spouse for a green card. Although this will not immediately raise alarm if one is not prepared with his/her answers then USCIS will scrutinize one’s previous marriage as well. So it’s important that one must go fully prepared and with honest answers.

Other Concerns

Is any state in the US that doesn’t recognize Gay marriage at the time of immigration?

No, the ruling was passed by the supreme court and immigration law comes under US federal law, It has nothing to do with state law. This ruling has an impact on every state of the USA and one doesn’t have to marry in any state that has passed local law supporting Gay marriage.


In case one has married abroad

It only matters if in the country where one has married doesn’t recognize gay marriage. In that case, one’s marriage can not be considered legal and they may have to marry again. But before that instead of applying for a spouse visa go and apply for a fiancé visa. As for the spouse visas, a marriage certificate is necessary, issued in the country where marriage has taken place.

So keep all the above-mentioned factors in your mind before applying for LGBTQ spouse green card.


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