1. Is same-sex marriage legally recognized in the United States?
Yes, same-sex marriage is legally recognized in the United States after a landmark Supreme Court ruling in 2015. Same-sex couples now have the right to marry in all 50 states, the District of Columbia, and most U.S. territories.
2. Does the U.S. Citizenship and Immigration Service (USCIS) recognize same-sex couples?
Yes, the U.S. Citizenship and Immigration Service (USCIS) recognizes same-sex couples for immigration purposes, including both marriage-based and non-marriage-based immigration cases. The Supreme Court’s ruling in Obergefell v. Hodges in 2015 established a nationwide right for same-sex couples to marry and receive the same federal benefits as opposite-sex couples. The USCIS has also updated its policies to ensure that same-sex couples are treated consistently and fairly with opposite-sex couples.
3. Does same-sex marriage confer the same rights and benefits as opposite-sex marriage?
In the United States, same-sex marriage confers the same rights and benefits as opposite-sex marriage. All married couples, regardless of their sexual orientation, are eligible for federal benefits related to taxes, health care, immigration, and other areas. Many states have also adopted laws that guarantee the same rights and benefits to same-sex couples as opposite-sex couples.
4. Does the U.S. recognize same-sex marriages performed in other countries?
Yes, the U.S. recognizes same-sex marriages performed in other countries. This means that if a couple gets legally married in a country where same-sex marriages are legal, the U.S. will recognize the marriage as valid if the marriage is recognized by the country in which it was performed.
5. Are same-sex couples eligible to sponsor their partner for a green card?
Yes, same-sex couples are eligible to sponsor their partner for a green card. Same-sex couples must follow the same immigration laws as opposite-sex couples. The sponsoring partner must file a Form I-130, Petition for Alien Relative, to establish the relationship between the couple. The process is the same as it is for opposite-sex couples.
6. Does the U.S. Citizenship and Immigration Services (USCIS) allow a foreign partner of a U.S. citizen to apply for a fiancé visa or a K-3 visa if they are in a same-sex marriage?
Yes, the USCIS allows a foreign partner of a U.S. citizen to apply for a fiancé visa or a K-3 visa if they are in a same-sex marriage. Couples must submit evidence that their marriage is legally recognized in the country where it was performed. The USCIS will recognize same-sex marriages if the marriage is legally valid in the place where it was performed, even if the couple is not domiciled in a jurisdiction that recognizes same-sex marriages.
7. Is immigration relief available to those in same-sex marriages where one partner is a U.S. citizen and the other is undocumented?
Yes, immigration relief is available to those in same-sex marriages where one partner is a U.S. citizen and the other is undocumented. Some of the available relief includes waivers such as humanitarian parole or a provisional waiver and applying for a green card through marriage. The process for obtaining immigration relief for same-sex couples is the same as it is for any other couple.
8. Is it possible for a bi-national same-sex couple to be granted asylum by the United States?
Yes, it is possible for a bi-national same-sex couple to be granted asylum by the United States. Although the process can be complicated and difficult, the US Citizenship and Immigration Services (USCIS) does offer asylum to individuals who can demonstrate that they have experienced persecution or fear of persecution on account of their race, religion, nationality, sexual orientation, political opinion, or membership in a particular social group. To make an asylum claim, couples must provide documentation and evidence to prove that they have faced persecution in their home country due to their sexual orientation or gender identity.
9. Does the U.S. allow a same-sex couple to file jointly for immigration benefits?
Yes, as of June 26, 2015, the U.S. allows a same-sex couple to file jointly for immigration benefits. This includes a joint visa application, as well as being eligible to receive a family-based green card if one partner is a U.S. citizen or permanent resident.
10. Are same-sex couples eligible for family-based petitions?
Yes, same-sex couples are eligible to petition for family-based immigration in the United States, under certain conditions. In the United States, same-sex couples are recognized as family members and can file petitions for a variety of immigration benefits. In order for a same-sex couple to be eligible for a family-based petition, the couple must meet the requirements of a “bona fide” marriage. This means that the couple must be legally married in a jurisdiction that recognizes same-sex marriage and that the marriage is not one entered into only for immigration purposes. Additionally, the couple must demonstrate that they have a genuine relationship, similar to that of an opposite-sex couple. If all of these requirements are met, then a same-sex couple is eligible to petition for family-based immigration in the United States.
11. What is the Defense of Marriage Act (DOMA) and does it have an effect on same sex couples who are married?
The Defense of Marriage Act (DOMA) was a United States federal law passed by Congress and signed into law by President Bill Clinton in 1996. DOMA prohibited the federal government from recognizing same-sex marriages and defined marriage as between one man and one woman for the purpose of federal law. This meant that same-sex couples were not eligible for federal benefits that opposite-sex couples enjoyed, such as Social Security benefits, immigration rights, and tax benefits. DOMA was overturned by the Supreme Court in 2013, making same-sex marriages eligible for all federal benefits.
12. Are same-sex couples eligible for citizenship or other immigration benefits if one partner is not a U.S. citizen?
Yes. In 2013, the U.S. Department of Homeland Security issued a memo to U.S. Citizenship and Immigration Services (USCIS) saying that same-sex couples who are lawfully married in any country should be treated the same as opposite-sex couples under U.S. immigration law. This means that same-sex spouses of U.S. citizens and permanent residents can obtain a green card, so long as all other eligibility requirements are met. Additionally, certain non-immigrant visas, such as student and work visas, may also be available to same-sex couples.
13. What is the process for getting a green card for a same sex couple who is married?
The process for obtaining a green card for a same-sex couple who is married is the same as any other married couple. They must fill out and submit the Form I-130, Petition for Alien Relative and provide evidence of their marriage. Evidence of the marriage can include a marriage certificate or other documents that prove that the marriage is legal and valid. After the petition is approved, the foreign spouse will need to fill out a Form I-485, Application to Register Permanent Residence or Adjust Status, in order to become a Lawful Permanent Resident.
14. Are there any special considerations for same sex couples when filing an application for naturalization or citizenship?
There are no special considerations for same sex couples when applying for naturalization or citizenship. However, same-sex couples might experience additional obstacles when providing evidence of a valid marriage for the purposes of establishing eligibility for certain benefits or other immigration-related issues.
15. Are there any additional requirements or proceedings that must be completed before applying for citizenship as a married couple in a same sex marriage?
No, the same requirements and proceedings apply to same-sex couples as to opposite-sex couples. All couples must meet the eligibility criteria for U.S. citizenship, which include having a valid marriage certificate, passing an English language and civics test, completing an application, and attending an in-person interview.
16. Does the U.S Citizenship and Immigration Services (USCIS) recognize all valid marriages regardless of gender orientation?
Yes, the U.S Citizenship and Immigration Services (USCIS) recognizes all valid marriages regardless of gender orientation. USCIS recognizes marriages between two individuals regardless of sexual orientation.
17. How does the U.S Citizenship and Immigration Services (USCIS) determine if two people are married in order to process an immigration petition based on that marriage?
The USCIS will use a variety of evidence to determine if two people are legally married. This includes an original marriage certificate, witness testimony, evidence of joint ownership of property, joint tax returns, joint bank accounts, and other documents that demonstrate the couple’s intent to make a life together. The USCIS will also consider the couple’s lifestyle and how they present themselves in public.
18. Is it possible for two people in a same-sex relationship to be recognized as parents of children born during their relationship?
Yes, it is possible for same-sex couples to be recognized as parents of children born during their relationship, depending on the laws of the country or state in which they live. In some countries, same-sex couples can adopt a child, or one partner can become the legal parent of the other partner’s biological child. In other countries, both partners may be recognized as legal parents if they jointly register a parentage order.
19. How does the U.S Citizenship and Immigration Services (USCIS) process applications from married same-sex couples with respect to dependent children of one partner?
The U.S Citizenship and Immigration Services (USCIS) provides the same application process for married same-sex couples as for opposite-sex couples with respect to dependent children of one partner. A U.S. citizen or lawful permanent resident may petition for a stepchild of his or her same-sex spouse if the child was born while the couple was legally married and the marriage is recognized by the U.S. government. This includes both biological and adopted children of the petitioner’s same-sex spouse.
20. How is immigration status affected after a divorce from a same sex marriage?
The immigration status of an individual is not necessarily affected by a divorce from a same-sex marriage. As long as the marriage was legally recognized in the location where it was performed, then it should be recognized as valid for immigration purposes. The individual may still be able to apply for a family-based visa after the divorce, as long as all other eligibility requirements are met.