Gay marriage green card interview

Since DOMA’s defeat, we contain had the opportunity to file numerous immigration petitions on behalf of gay couples, with great success.  From our work with gay and lesbian couples, from preparing their immigration petitions and accompanying evidence to representing them at their interviews at USCIS, we have identified several issues that set our same-sex immigration clients apart from our opposite-sex immigration clients. 

This article explains several of these issues, and includes some pointers on what you can do in your application and in the interview to help ensure that USCIS grants your application.  Please keep in consciousness, however, that everyone’s circumstances are different, and it is highly advisable to have an attorney guiding you through the process and answering questions about your specific situation.  Also, for an article about frequently-asked questions by LGBT couples on obtaining a green card through lgbtq+ marriage, please see Kate Lenahan’s frequently-updated FAQ.  

1.  No Relationship With Your In-Laws

While a married person having a difficult bond with his or her in-laws is certainly nothing new, one issue that is unique to lgbtq+ couples

gay marriage green card interview

Marriage-Based Green Cards for Lgbtq+ Couples

A marriage-based green card offers legal residency to spouses of U.S. citizens. Historically, same-sex couples did not receive the alike rights. This has changed, and same-sex marriages now hold the same legal weight as a traditional couple.

Same-sex couples can navigate the complex immigration system with newfound hope and equality. The process involves documentation, interviews, and legal scrutiny. Understanding the ins and outs of the process matters, and remove guidance simplifies the journey. This article provides insights and tips for gay spouses seeking a leafy card.

A Brief History of Same-Sex Marriages and U.S. Immigration

The repeal of the Defense of Marriage Behave (DOMA) seismically shifted the landscape of same-sex marriage in the United States. This pivotal moment in history cleared the lane for federal recognition of same-sex marriages, which, in turn, significantly impacted U.S. immigration law.

Prior to this, same-sex couples were in legal limbo. Federal entities, including immigration services, did not acknowledge their marital status. The repeal of DOMA has since allowed same-sex couples to appreciate the same im

Proving Your Same-Sex Marriage is Bona Fide

After the Defense of Marriage Act (DOMA) was struck down, many same sex couples comprised of U.S. citizens and immigrants have begun to consider emerald cards through marriage. Immigration laws are the same all over the USA, and same sex couples are already being interviewed by USCIS immigration officers, and petitions for same sex marriage green cards are being approved every day in the United States. Many people wonder if there are any differences in the immigration process for same sex married couples, especially involving the interview. Although there is no difference, sometimes diverse evidence may be needed so that a same sex couple may provide “proof of marriage” during an adjustment of status in the immigration process. Depending on the circumstances, proving that a same sex couple lives together in a bona fide marriage may be a bit more difficult in some gay marriage cases.

What is a “Bona Fide” Marriage?

When two people obtain married and purpose to establish a life together as spouses, the marriage is bona fide. A marriage entered into for the sole purpose of getting a emerald card is not bona fide. It’s called a “sham” or “f

Same-sex couples have the same rights as opposite-sex couples when applying for a marriage-based green card. Since the Supreme Court’s ruling in United States v. Windsor (2013), U.S. immigration law has recognized same-sex marriages, allowing LGBTQ+ couples to sponsor their spouses for lawful permanent residency.

However, despite this legal recognition, same-sex couples may still face singular challenges during the application process. From proving the lawfulness of a association to dealing with international legal barriers, navigating the grassy card process can be complex. Knowing the steps deeply interested, potential hurdles, and how to enhance an application is essential to ensuring a successful outcome.

Can Same-Sex Couples Submit for a Marriage-Based Green Card?

Yes. U.S. immigration law treats same-sex marriages equally to opposite-sex marriages, meaning LGBTQ+ couples can apply for a marriage-based emerald card under the same requirements.

To qualify, applicants must convene these conditions:

  • The couple must be legally married in a jurisdiction that recognizes same-sex marriage.
  • One spouse must be a U.S. citizen or lawful permanent resident (LPR).
  • The marriage must

    Challenges Same-Sex Couples May Encounter When Applying for a Green Card

    Becoming a Combined States resident or citizen is the dream of people across the planet. As most immigrants recognize, this is a extended and complicated process, but one that’s well worth the effort. There may be certain groups of people, however, who might have a harder moment gaining residency. 
     
    An immigration attorney can help these individuals move forward. Specifically, if you’re facing concerns when applying for a lush card as a lgbtq+ couple, there is aid available that may construct the process easier. To meet with an LGBTQ-friendly immigration lawyer in the Woburn, Massachusetts area—including Boston, Marlborough, and Framingham—reach out to us at Corbaci Law, P.C. 

    Applying for a Green Card

    There are a few ways to be eligible to become a permanent resident. One of the most common is because you have a family member who is already a citizen such as a parent, youngster, or spouse. You may then apply for residency based on this connection. Your process will stare different depending on where you are located. 

    • If you’re currently in the US, you’ll apply for an adjustment of status with the U