--- title: What Are Common Challenges Applying for a Green Card Based on Same-Sex Marriage? | My Visa Source description: Learn about the challenges and the solutions, so that you can increase your chances of approval of your Green Card based on same-sex marriage. image: https://www.myvisasource.com/hubfs/logo-for-facebook2.png --- [![ClickCease](https://monitor.clickcease.com/stats/stats.aspx)](https://www.clickcease.com) [###### Planning on entering the United States or Canada this year or in 2027? Avoid potential issues by consulting with a licensed immigration professional. 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More From My Visa Source [ Immigration Tools ](https://www.myvisasource.com/tools/) [ Express Entry CRS Calculator ](https://www.myvisasource.com/canadian-immigration/permanent-residence/express-entry/ee-crs-chatbot/) [ Language Point Calculator ](https://www.myvisasource.com/tools/ielts-celpip-tef-calculator/) [Twitter](https://twitter.com/MyVisaSource) [Facebook](https://www.facebook.com/MyVisaSource) [LinkedIn](https://www.linkedin.com/company/my-visa-source-law-mdp) 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 ![shadow outlines of two men pushing puzzle pieces together](https://www.myvisasource.com/hubfs/Compressed%20Blog%20Images/200kb/shadow-outlines-of-two-men-pushing-puzzle-pieces-together-my-visa-source-200kb.jpg) Begin your immigration journey now Click and fill out a free online assessment to see how we can help you. It takes less than 1 minute to fill out. [Free Assessment▸ ](https://www.myvisasource.com/free-assessment) Call and speak to our team, so that they can book a time with a licensed immigration professional who will answer all your questions. [Call Us Now▸ ](tel:1-888-509-1987) Recommended For You Author info: 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](https://www.myvisasource.com/usa-immigration/family-sponsorship/). The same-sex marriage between a US citizen and noncitizen will be considered the basis for a [Green Card (Permanent Residence) application](https://www.myvisasource.com/usa-immigration/permanent-residence-green-card/). 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.  ### Subscribe to our magazine to stay up to date with Immigration news 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.  Questions About Immigration? My Visa Source Has Answers. My Visa Source stays updated on all immigration news and announcements across Canada and the United States, including sudden changes in government law. 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[ Book a Consultation ](https://www.myvisasource.com/book-a-consultation) [ Free Assessment ](https://www.myvisasource.com/free-assessment) ![US Flag](https://www.myvisasource.com/hubfs/3d%20Model%20Stills/Service%20Page%20compressed/usFlag5_trimmed.webp) Latest Articles from Immigration Magazine [![new-normal-spelled-with-blocks-my-visa-source](https://www.myvisasource.com/hubfs/Compressed%20Blog%20Images/50kb/new-normal-spelled-with-blocks-my-visa-source-50kb.jpg) US Immigration President Biden Reverses Trump’s Ban on Legal Immigration US President Joe Biden issued an executive order to end the Trump Immigration Restrictions on new Green Cards on March 1, 2021.Former US President Donald Trump halted 4 types of immigration visas including the issuing of Green Cards as a measure to protect the US job market for US citizens. ](https://www.myvisasource.com/blog/usa/biden-reverses-trumps-ban-legal-immigration) [![woman-working-at-desk-on-laptop-my-visa-source](https://www.myvisasource.com/hubfs/Compressed%20Blog%20Images/50kb/woman-working-at-desk-on-laptop-my-visa-source-50kb.jpg) US Immigration 9 Paths to Legally Work in the US for Foreign Nationals in 2021 ](https://www.myvisasource.com/blog/usa/work-legally-united-states-2021) Thousands of skilled workers all over the world seek to immigrate to the United States for better job opportunities and a higher standard of life.Based on your skills and experience, financial resources and purpose for immigrating, the US government offers several immigration pathways for foreign workers. 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