🏳️🌈 Since the U.S. Supreme Court struck down the Defense of Marriage Act (DOMA), same-sex marriages have full recognition in U.S. immigration law. This means that LGBTQ+ couples can apply for green cards, visas, and family reunification—just like opposite-sex couples.
This guide explains your rights, eligibility, and how BorderlessLawyers can help you navigate the process with dignity and legal clarity.
Are Same-Sex Couples Eligible for a Green Card?
Yes. If you are in a bona fide marriage with a U.S. citizen or green card holder, you are entitled to the same immigration benefits as heterosexual couples. The key requirements are:
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A legal marriage (civil union is not enough)
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Proof of a genuine relationship
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Meeting all standard immigration criteria
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Willingness to undergo the same background checks and interviews
Options for LGBTQ+ Couples
💍 Spouse Is a U.S. Citizen
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File Form I-130 and adjust status in the U.S. (Form I-485)
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Or go through consular processing abroad
🧳 Fiancé(e) Visas (K-1)
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Same-sex fiancé(e)s can enter the U.S. on a K-1 visa
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Must marry within 90 days and apply for adjustment of status
🛂 Asylum-Based Marriages
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If one spouse is a refugee or asylum grantee, you may be eligible for derivative status or reunification
Special Considerations
🌍 Married Abroad?
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The U.S. will recognize same-sex marriages if legally valid in the country where it took place
⚖️ Discrimination Fears in Home Country?
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We provide confidential support and can advise on asylum options if returning to your country poses danger
🧑⚖️ Immigration Interviews
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Officers are trained to respect LGBTQ+ couples
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You’ll need to show the authenticity of your relationship (photos, joint finances, affidavits, etc.)
How BorderlessLawyers Supports LGBTQ+ Immigration
🏳️🌈 We understand the unique challenges and concerns faced by LGBTQ+ families. Our services include:
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Legal representation for green cards, K-1, and adjustment of status
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Strategic interview preparation
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Waivers and solutions for complex backgrounds
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Confidential consultations with sensitivity to cultural risks
FAQs
Q: We’re not legally married yet. Can we start the process?
Yes, through a K-1 fiancé(e) visa, if one partner is a U.S. citizen.
Q: What if my country doesn’t allow same-sex marriage?
You may marry in a third country and still petition under U.S. law.
Q: Is the U.S. Embassy safe for LGBTQ+ interviews?
U.S. embassies are expected to treat all couples with dignity. If you’re concerned, we can help prepare you.
Love Is Love. Immigration Should Be Too.
At BorderlessLawyers, we proudly serve same-sex couples worldwide with expert legal support, compassion, and total confidentiality.