I have b2 visa and want to get married gay

Can lesbian and gay married couples apply for a green card if one partner is a U. The short answer: yes! The U. Windsor means that same-sex marriages are treated the same as heterosexual marriages for immigration purposes under U. Gay and lesbian U. Citizenship and Immigration Service USCIS treats applications from same-sex couples the same as applications from heterosexual couples.

However, there are a few areas that are more likely to cause some complexities for same-sex couples than for heterosexual couples. Learn what we do for you. The foundation of any marriage-based green card application is proving that you and your spouse have an authentic marriage, rather than a marriage solely intended to help the foreign national partner obtain a green card.

There are no special requirements for same-sex couples—you need the same documents as heterosexual couples to prove an authentic marriage for more information about what to include, see our guide on How Do We Prove Our Marriage Is Real? However, there are a few potential challenges that are more common among same-sex couples than among heterosexual couples.

Photos of you, your spouse, and your respective families are a good way to prove your relationship is authentic as part of your initial filing package I petition. So is correspondence between each spouse and his or her in-laws.

Same-Sex Relationships and Marriage Green Cards

As with any other issue, the best approach is always honesty. This can be challenging for same-sex couples who fear discrimination either from landlords or from employers, especially because not all states legally protect LGBTQ individuals from discrimination in housing or employment.

The important thing is to provide proof that you live together and that you have joint financial assets and responsibilities. One common concern for same-sex couples arises if one or both of the partners has had a heterosexual marriage in the past. You are required to list any and all previous marriages on your green card forms I petitionand to provide divorce certificates or death certificates proving that any prior marriages were legally terminated.

While you should expect questions about your opposite-sex marriage at your green card interview, having a previous heterosexual marriage will not automatically raise red flags. This issue becomes more complicated if you or your gay spouse previously filed a green card application specifically, the I petition based on a prior heterosexual marriage.

At the interview, you could face accusations that this prior marriage was fraudulent and solely intended to obtain a green card. If you became a U. Boundless is here to help. Learn more about what Boundless can do to help. Separate from the matter of proving an authentic marriage described abovesame-sex couples may face special challenges in establishing the legal validity of their marriage.

Before marriage equality was established throughout the United States by the Supreme Court in Obergefell v. Hodgesmany gay and lesbian couples entered into civil unions that provided some of the same benefits as marriage. Immigration benefits, however, are not one of the benefits of civil unions.

You and your partner must be marriednot just joined in a civil union, to be eligible for a gay marriage green card. Immigration benefits are governed by U. Since the Supreme Court ruled that same-sex marriages must be recognized everywhere in the United States, you do not need to get married in a state that passed its own law legalizing same-sex marriages.

As with heterosexual marriages, your marriage must be valid in the place it was performed.