If you’re in a same-sex marriage and want to bring your spouse to the U.S., you might wonder how the law treats your relationship. The good news is that immigration law recognizes same-sex marriages the same as opposite-sex ones.
Marriage must be legally valid
Your marriage must be legally recognized in the place where it occurred. That means you need a marriage certificate from a country or state where same-sex marriage is legal. If your marriage took place in a country that doesn’t recognize it, it won’t count for immigration purposes.
Petitioning for your spouse
You can file a petition (Form I-130) for your spouse just like any other married couple. U.S. Citizenship and Immigration Services (USCIS) reviews the same details: shared residence, financial ties, and how well you know each other. Proving your relationship is real matters, but your gender doesn’t.
Facing extra challenges
Same-sex couples sometimes face more scrutiny in interviews. Some officers may not understand cultural barriers or past secrecy, especially if you lived in a country where being LGBTQ+ is unsafe. Be ready to explain anything that seems unusual but stay honest. It helps to bring strong evidence of your life together—photos, joint accounts, and travel records.
What if you’re in a civil union?
Only legal marriages count for green card purposes. Civil unions, domestic partnerships, or informal relationships won’t qualify, even if they offer local legal rights. If you’re not yet married, consider tying the knot in a place where it’s legal before applying.
You have the same rights under immigration law as any other couple. Your application won’t be denied because of your gender or who you love. Focus on building a strong case with clear documents, and you’ll be treated equally under the law.