Same-Sex Marriage Immigration Petitions FAQs
This guide is intended to provide information regarding same-sex marriage petitions.
Family-Based ResidencyA U.S. citizen or Permanent Resident has a right to file an I-130 visa petition to sponsor his or her foreign-born spouse. To get a green card based on a sex-same marriage, you must be legally married and you must be able to demonstrate that the marriage is based on a bona fide relationship.
K1 Fiance VisaA U.S. citizen may petition for his or her foreign national finance and may file Form I-129F to initiate the process. A same-sex relationship is recognized for immigration purposes regardless of whether the state the petitioner resides does not recognize same-sex marriages as valid.
WaiversAn I-601 or I-601A immigration waiver may be necessary for gay and lesbian foreign nationals with grounds of inadmissibility including criminal convictions, fraud, and unlawful presence. These waivers require a demonstration of extreme hardship to a qualifying U.S. citizen or permanent resident relative.
Removal ProceedingsGay and lesbian immigrants in removal proceedings may use adjustment of status to obtain a green card through a same-sex marriage as a defense to removal. Further, gay and lesbian immigrants may also seek relief in the form of Cancellation of Removal and use same-sex married partners as qualifying relatives or may include hardship to their spouses as discretionary factors.