Yes, you can apply for a green card on behalf of your same sex spouse. Since the 2015 U.S. Supreme Court ruling granting same-sex marriages the same dignity and respect as different sex marriage. A same-sex couple can apply for a green card based on the U.S. immigration laws that allows a US. citizen to file a petition for a green card on behalf of his/her spouse.
As long as a couple is legally married in a state or country where same-sex marriage is valid, a person is eligible to file an I-130 petition to sponsor his/her spouse for a marriage based green card. The couple will have to show that the marriage is valid and they entered into their marriage because they love each other and not for the sole purpose of obtaining an immigration benefit.
Same-sex couples filing a green card petition based on marriage can file for a spouse who is currently living in the U.S., and entered the country with a valid visa via the one-step process of adjustment of status I-485; or a spouse who is currently living abroad, or did not enter the U.S. with a valid visa, via the consular process.
In order to show that the marriage was entered in good faith. The couple has to show that they have lived together as husband and wife, or if living in different countries hold each other out as a married couple.
In order to corroborate the validity of the marriage, USCIS uses a series of evidentiary requirements, as well as an interview of the couple. The immigration process is complicated, getting an attorney to help you navigate through the process is highly recommended. Call our office to schedule a consultation with our attorney.
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