US Immigration News

What Are Common Challenges Applying for a Green Card Based on Same-Sex Marriage?

1.75 minute read

"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."

Written by My Visa Source Team
Published on: Sep 28, 2021

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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.

It is also better to appear at your immigration interview with a psychological evaluation stating that the applicant is bisexual if the following situation applies to you. This will clearly explain how a woman may be married to a man and then, later on, be married to a woman.

Another reason involves cultural norms. Since homosexuality is illegal in around 80 countries, arranged marriages are quite a norm there. Therefore, it explains the divorce from the first marriage from an opposite partner.

The final reason might be due to domestic violence. There might be a situation where the police are called in for a home violence dispute involving a same-sex couple.

With heterosexual couples, it is generally assumed that physical violence was instigated by the man. However, between a fight between 2 men or 2 women, the likelihood of dual arrest will increase. Having a domestic violence arrest will further delay the Green Card process.

The law treats same-sex marriages similar to opposite-sex marriages except in certain cases where the problems arising are specific to same-sex relationships.

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