US Immigration: Same Sex Marriage and the process to acquire a Green Card


Under U.S. Supreme Court decision: Obergefell v. Hodges, 576 U.S. 644 (2015), the US Government established that the fundamental right to marry is guaranteed to same-sex couples by both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution.

Regarding US immigration, both through the Marriage-based Adjustment of Status and Marriage-based Consular Processing, the US Government recognizes the marriage of same-sex couples and can provide Lawful Permanent Residence (AKA Green Card or Resident Card) based on the marriage. The same benefits and treatments for marriages between men and women and equally applied to same-sex marriages.

Thus, questions, as follows, are now obsolete:

  • Is my marriage to my same-sex spouse legal?
  • Can my same-sex marriage provide my spouse a Green Card?
  • Can my same-sex marriage be recognized in one state and not recognized in another?

In terms of Adjustment of Status, such marriage may occur within any part of the United States and the US Marriage Certificate is recognized by all Immigration Agencies (USCIS, NVC, and DOS).

In terms of Consular Processing, if the marriage is foreignly recognized in the country the marriage occurred, then it would also be recognized in the United States and by the US Immigration Agencies (USCIS, NVC, and DOS).

If you require assistance with your immigration needs, please contact our Immigration Law Firm to schedule a Consultation with our Immigration Lawyer.


Related Blog Posts:

How to apply for a marriage license as an immigrant in North Carolina?

Active Duty US Military, Double Proxy Marriage in Montana, and US Immigration

USCIS Marriage-Based Adjustment of Status Interview in 2020: Tips and Tricks

Can I Propose to my girlfriend while she is here in the US on a Tourist Visa or ESTA?

How do I check USCIS processing times?



Disclaimer: This Blog is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney-client relationship between you and the Blog/Web Site publisher. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

Leave a Comment