On June 15, 2015, the Supreme Court of the United States (SCOTUS) legalized same-sex marriage. It's been quite a while since then. Immigration systems were broadened to include same-sex marriages for spousal sponsorships under family sponsorship.
The same-sex marriage between a US citizen and noncitizen will be considered the basis for a Green Card (Permanent Residence) application. However, applying for permanent residence through same-sex marriages still brings certain unique problems and challenges.
What Are the Main Problems and Challenges in Green Cards Based on Same-Sex Marriages?
Considers this situation, a same-sex couple is applying for marriage-based immigration but it includes a person that has a prior case of applying with an ex-spouse of the opposite sex. It is not uncommon. However, the immigration officer may consider this an indicator of the first marriage being fraudulent and deny your application.
To avoid this, it is best to hire a reputable immigration lawyer to prove that the earlier marriage was real. There are many good reasons why the first marriage didn’t work out that may include someone just coming out of the closet, not wanting to have children, the difference in religious beliefs or family expectations, etc.