The Ultimate Guide to Same-Sex Marriage Green Cards and Family Immigration in New York City
LGBT Marriage Green Card
Same-sex married couples have recently gained equal rights and recognition under U.S. law, but LGBTQ+ couples in New York City may still wonder whether this extends to family immigration rights. Thankfully, federal immigration law has evolved, allowing non-citizen spouses and certain family members to live and work in the U.S. on equal footing. This guide explores how same-sex couples can successfully navigate the marriage green card process and family immigration in New York City.
Understanding the Marriage Green Card Process for Same-Sex & LGTBQ+ Couples
Since the landmark Supreme Court cases that opened doors for same-sex couples, LGBTQ+ partners have been able to access the same immigration benefits as opposite-sex married couples. Here’s a breakdown of how the marriage green card process works:
Key Milestones in LGBTQ+ Immigration Rights
2013: U.S. v. Windsor – This ruling struck down the Defense of Marriage Act, granting access to federal benefits, including immigration rights, for same-sex couples legally married in the U.S.
2015: Obergefell v. Hodges – This decision made same-sex marriage legal across all U.S. states and territories, enabling same-sex couples to apply for marriage green cards nationwide, regardless of where they were married.
Eligibility Requirements for a Marriage Green Card in New York City
To apply for a marriage green card in New York City, the following conditions must be met:
The couple must be legally married, with a valid marriage certificate from a jurisdiction that recognizes same-sex marriage.
The sponsoring spouse must be a U.S. citizen or a lawful permanent resident.
The relationship must be bona fide, meaning the marriage was entered into in good faith and not solely for immigration purposes.
Applying for a Marriage Green Card: Tips for Same-Sex Couples in New York City or other U.S. States
Navigating the marriage green card process can be challenging, but these tips can help ensure a smooth journey:
Gather Strong Evidence of Your Relationship: Same-sex couples may face more scrutiny when proving the authenticity of their marriage. Collect documents such as joint bank statements, lease agreements, travel itineraries, and photos with family and friends to support your application.
Be Prepared for the Interview: The USCIS interview is a critical step in the marriage green card process. Practice answering questions about your relationship, daily life, and future plans as a couple to demonstrate your genuine connection.
Address Past Immigration Issues Honestly: If you or your spouse have previous immigration issues or overstayed a visa, be honest and upfront about it. Working with an experienced immigration attorney in New York City can help you navigate these challenges.
K-1 and K-3 Visas: Pathways for LGBTQ+ Couples Before Marriage Green Card Process
Same-sex couples in New York City have options even before they get married. If your partner is outside the U.S., you can consider the following visas:
K-1 Fiancé Visa: This visa allows your foreign national partner to enter the U.S. for the purpose of marrying you within 90 days. After marriage, they can apply for a marriage green card.
K-3 Visa: If you are already married abroad, the K-3 visa allows your spouse to enter the U.S. while their green card application is processed.
Family Immigration for LGBTQ+ Couples in New York City
In addition to sponsoring your spouse for a marriage green card, you may be eligible to sponsor their children or other family members. Here's how:
Bringing Stepchildren to the U.S. with a Marriage Green Card
If you are a U.S. citizen or lawful permanent resident and marry someone with children, you may also be able to sponsor their children for green cards. To qualify:
The marriage to the child's parent must have occurred before the child turned 18.
You can apply for a K-4 visa for the child if they are accompanying or following their parent to the U.S.
Pathway to U.S. Citizenship for Same-Sex Couples and Their Families
Once your spouse receives their marriage green card, they can start the path to U.S. citizenship. After three years as a green card holder, they may be eligible to apply for naturalization if they remain married to and living with their U.S. citizen spouse.
“Sharon is a phenomenal lawyer. She is compassionate and thorough in her practices. Her entire team worked tirelessly on my case and gave the best outcome. If you’re an immigrant and you’re in doubt of who to trust in your process definitely speak to her. She will put you at ease and take care of it all. I can’t rave enough about her and her incredible team.”
Frequently Asked Questions (FAQs) About Same-Sex Marriage Green Cards in New York City
Q1: Can I sponsor my same-sex partner for a green card if we’re not married yet? Yes, you can apply for a K-1 fiancé visa to bring your partner to the U.S. Once married, you can then apply for a marriage green card.
Q2: Does USCIS treat same-sex marriage green card applications differently? No, USCIS is legally obligated to treat all marriage green card applications equally, regardless of the couple's gender. However, providing thorough documentation can help demonstrate the bona fide nature of your relationship.
Q3: Can my spouse work while waiting for their green card? After submitting the green card application, your spouse can apply for a work permit (Employment Authorization Document) and travel permit (Advance Parole) to work and travel while waiting for their green card approval.
How We Can Help Same-Sex Couples with Marriage Green Cards in New York City
Applying for a marriage green card or sponsoring family members can be complex, especially for same-sex couples who may face unique challenges. At Khunkhun Law, our attorney Sharon Khunkhun, based in New York City but serving clients nationwide, is dedicated to helping same-sex couples navigate their immigration journey. Our services include:
Personalized Legal Advice: We’ll review your unique circumstances and help you explore all available options for your marriage green card and family immigration.
Comprehensive Application Support: We handle the preparation and filing of all necessary paperwork, ensuring your marriage green card application is accurate and complete.
Expert Representation: We represent you and your family before USCIS, DHS, and any other involved federal and state agencies.
Ongoing Assistance: From green card applications to naturalization, we’re here to support you every step of the way.
Why Choose Khunkhun Law for Your Immigration Journey?
As an immigrant myself, I’ve walked the path you’re on and understand the anxiety and challenges that come with navigating the immigration process. I know firsthand how devastating it can be to trust an attorney who views you as just another case number – I’ve been there and you can read about my experience and disappointments here. My own experience with an unscrupulous attorney who only cared about money, not service, inspired me to build Khunkhun Law on a foundation of integrity, empathy, and unmatched customer service.
At Khunkhun Law, every client matters, and your story is treated with the respect and attention it deserves. We take pride in offering personalized, compassionate guidance because we understand that your journey isn’t just about paperwork; it’s about building a future.
Whether you're in New York City or anywhere else in the 50 states, we’re here to help you with your immigration needs. Reach out to us today – call, email us at info@khunkhunlaw.com, or schedule a Zoom consultation with me here, Sharon Khunkhun, using our online booking system. We have a track record of achieving successful outcomes, even in the most challenging cases, and we’re committed to standing by your side every step of the way.
Your journey matters to us because we've been there, and we're here to help you every step of the way. Let's make your dream a reality together. With the right approach, the marriage green card process can help you build a future in the U.S. with your spouse while allowing you to achieve your immigration goals. Should you or your loved one have any questions or need representation, please do not hesitate to contact us. Although we are located in New York City we represent clients all over the 50 states of the US. Call us, email us at info@khunkhunlaw.com or review other options to get in touch with us for an immigration consultation. If you are ready to schedule a consultation you can find a date that works for you and book your Zoom meeting with Sharon Khunkhun here. We have represented many clients with successful results even with the most difficult set of facts.