Can I Sponsor My Same Sex Partner For A US Green Card?
Yes, if you are a U.S. citizen or lawful permanent resident, you can sponsor your same-sex partner for a marriage green card. Same-sex unions are legal in every U.S. state, and immigration policies uphold the rights of LGBTQ couples. United States Citizenship and Immigration Services (USCIS) treats same-sex marriages and heterosexual unions the same when it comes to family green card applications.
There are two ways to sponsor your same sex partner, depending on where they reside. Contact LGBTQ immigration attorneys at Bassey Immigration Law Center, P.A., for more information. We pride ourselves on deep beliefs in diversity, mutual respect, utmost tolerance of all lifestyles, open lines of communication, and unity built by faith in American values. Our law firm welcomes your business and the opportunity to defend LGBTQ interests.
The Application Process for a Same-Sex Spouse Living Outside the U.S.
If your spouse lives outside of the U.S., the process is called direct consular filing (DCF.) You (the sponsoring spouse) must file Form I-130 Petition for Alien Relative online at the USCIS website. This form confirms there is a genuine and qualifying relationship between you and your same-sex partner.
You must also provide supporting documents to prove your relationship is valid and legally binding. In this case, a marriage certificate is essential, among other forms of evidence. Once USCIS receives your form, they will give you a priority date, your “place in line” while awaiting green card processing.
The Department of State (DOS) publishes an online Visa Bulletin that shows when priority dates are current. Once your date is current, you can submit Form I-485, Application to Register Permanent Residence, so your partner can become a lawful permanent resident (green card holder.) After three years, your spouse can apply to become a U.S. citizen—if they so choose.
The Application Process for a Same-Sex Spouse Living In the U.S.
If your partner currently lives in the U.S., they will file Form I-485 to proceed with the adjustment of status process. If you are a U.S. citizen, your spouse can file an I-130 simultaneously, known as “concurrent filing.” The timeline to process concurrent filing is approximately 13-20 months.
If you are a green card holder, your spouse cannot file their I-485 application until the DOS makes green cards available. This information is in the monthly online Visa Bulletin on the DOS Bureau of Consular Affairs website. The wait for a green card ranges from several months to a year or more, depending on your spouse’s home country.
Challenges Facing Same-Sex Couples in the Green Card Process
While the sponsorship process for same-sex spouses appears relatively simple, minor application oversights or errors can cause your partner’s green card to be delayed or denied altogether. Here are two common issues that can stall your LGBTQ green card application.
- Proof the Relationship is Bona Fide
Same-sex couples must prove their union is genuine and based on mutual affection. This proof might include knowledge of the spouse’s parents or letters from friends, neighbors, or coworkers who know the couple well.
- Proof of Legal Marriage
In addition to proving the relationship is valid, same-sex partners must confirm their marriage is legal. That can be a problem for couples married in a country that does not allow same sex marriage. If you are in a civil union but are not married, you must do that before sponsoring your partner. In the U.S., civil unions do not have the same immigration benefits as marriage.
Skilled representation from a firm specializing in immigration law can help you prove your relationship is genuine and your marriage is legal. Our experienced and compassionate immigration lawyers handle every detail of your case to help you reach a positive outcome.
Call Bassey Immigration Law Center to Schedule a Consultation
If getting a green card for your partner feels confusing, Bassey Immigration Law Center can help make it less stressful. Our immigration attorneys have personal experience with the U.S. immigration system, giving them a better understanding of your situation. We care about your case and are inspired to assist those aiming for citizenship.
Whether you’re in Tampa or Clearwater, we have convenient locations to help you in Florida. Schedule a consultation and start building a life in the U.S.
