Same-Sex Marriage and Immigration FAQ

1. Is same-sex marriage legal in Massachusetts?
Yes, Massachusetts was the first U.S. state to legalize same-sex marriage, starting in May 2004.

2. Are same-sex marriages performed in Massachusetts recognized by the federal government for immigration purposes?
Yes, since the Supreme Court's decision in United States v. Windsor in 2013, the federal government recognizes legal same-sex marriages for immigration and other purposes.

3. Can I sponsor my same-sex spouse for a green card?
Yes, you can sponsor your legally married same-sex spouse for a green card.

4. Do we need to be married in Massachusetts to apply for immigration benefits?
No, as long as your marriage is legal in the place where it was performed, U.S. immigration authorities will recognize it.

5. What proof do we need to show for a valid same-sex marriage in an immigration application?
You'll need to provide a marriage certificate and evidence of a bona fide marital relationship.

6. What if my home country does not recognize my same-sex marriage?
U.S. immigration law applies, and your marriage will be recognized for U.S. immigration purposes if it's legally performed in a jurisdiction that allows it.

7. How does the Defense of Marriage Act (DOMA) affect our immigration application?
DOMA no longer affects immigration applications since it was struck down by the U.S. Supreme Court in 2013.

8. Can my same-sex spouse come to the U.S. on a fiancé(e) visa?
Yes, if you are a U.S. citizen, you can apply for a K-1 fiancé(e) visa for your same-sex partner to marry in the U.S.

9. What are the steps for a same-sex couple to apply for a green card?
The process is the same as for opposite-sex couples: filing Form I-130, adjustment of status or consular processing, and attending interviews.

10. Can I apply for a green card for my same-sex spouse if we live abroad?
Yes, you can apply through consular processing at a U.S. consulate or embassy in a country where same-sex marriage is recognized.

11. Can I bring my same-sex partner to the U.S. if we are not married?
You can bring your same-sex partner on a temporary visa depending on the purpose of the visit, but not for green card purposes.

12. Will our application be treated differently because we are a same-sex couple?
No, the U.S. Citizenship and Immigration Services (USCIS) and other agencies must treat same-sex couples the same as opposite-sex couples.

13. What if we have a civil union or domestic partnership?
U.S. immigration law requires a marriage; civil unions and domestic partnerships may not be recognized for immigration purposes.

14. Are there any special considerations for same-sex couples with children during the immigration process?
No special considerations are given; however, same-sex couples must provide the necessary documentation proving the legal relationship to their children.

15. Can my same-sex spouse's children from a previous relationship also apply for immigration benefits?
Yes, if they qualify as your stepchildren under U.S. immigration law.

16. How long does it take to process a green card application for a same-sex spouse?
Processing times vary, but USCIS provides current estimates on their website.

17. Can we get a waiver if our same-sex marriage cannot be legally performed in our home country?
There is no need for a waiver; you can marry in a third country or the U.S. where same-sex marriage is legal.

18. What happens if our same-sex marriage is questioned by immigration officials?
Provide additional evidence and explanations of your valid marriage. Legal representation can assist if complications arise.

19. Are there any countries where a legal same-sex marriage may cause issues when applying for a visa to the U.S.?
Your same-sex marriage should not cause issues with your U.S. visa application, regardless of the laws in other countries.

20. Can we apply for asylum based on persecution for our same-sex relationship?
Yes, persecution due to sexual orientation or same-sex relationship is a recognized basis for asylum.

21. How can we protect our rights as a same-sex couple during the immigration process?
Seeking advice and representation from an experienced immigration attorney is recommended.

22. Is it possible for a same-sex couple to adopt a child during the immigration process?
Yes, same-sex couples are allowed to adopt, but should consult with an attorney for specific immigration implications.

23. Are there any restrictions on travel for same-sex couples with pending immigration applications?
The same travel restrictions apply to same-sex couples as they do to opposite-sex couples.

24. How will the overturning of DOMA affect previously denied immigration applications?
Individuals with previously denied applications due to DOMA may be able to have their cases reopened.

25. Can a same-sex couple get married in the U.S. if they are on a tourist visa?
Yes, they can legally marry in the U.S.; however, they must intend to return home unless they apply for an adjustment of status.

These FAQs should serve as a general guide; however, since immigration issues can be complex, it's always recommended to consult with an immigration attorney for specific cases and current legal advice.