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Sponsor Same-Sex Spouse for Green Card

  • Step-by-step guidance through your application
  • Personalized application forms and filing instructions
  • Live, U.S. based customer service
  • Save thousands on legal fees
  • Free Eligibility Quiz Included!

Who Qualifies to Sponsor a Same-Sex Spouse?

You may qualify to sponsor your same-sex spouse for a Green Card if:

  • You are legally married
  • You were both physically present at the marriage ceremony
  • You have not tried to enter into a false marriage to evade immigration laws

Note: Requirements for marriage by proxy are still being defined in terms of same-sex marriage. Marriage by proxy is when one spouse, or both spouses, are not physically present at a marriage ceremony.


States that Recognize Same-Sex Marriage

It is important to know which states see same-sex marriage as legal, especially for immigration purposes.


Knowing the legal status of your relationship will aid you in your application process.


The states that grant same-sex marriages are:

  • California
  • Connecticut
  • Delaware
  • Iowa
  • Maine
  • Maryland
  • Massachusetts
  • New Hampshire
  • New York
  • Vermont
  • Washington
  • Washington, D.C.

From August 1, 2013:

  • Rhode Island
  • Minnesota

Forms to File When Sponsoring Your Same-Sex Spouse

  • You will file Form I-130, Petition for Alien Relative, to petition the USCIS for a Green Card for your spouse.
  • You will file Form I-134, Affidavit of Support, to show that you can support your spouse financially.

Once your spouse is in the U.S., or if they are in the U.S. already, they will file:

  • Form I-485, Application to Register Permanent Residence or Adjust Status
  • Form I-765, Application for Employment Authorization if they would like to work.
  • Form I-131, Application for Travel Document if they want to travel abroad while their application is in process.

If your spouse is outside the U.S., he or she will apply for the Green Card at a U.S. consulate abroad. When the consulate approves Form I-130, your spouse will receive a date for an interview.


ImmigrationDirect's Form Navigator wizard prepares all these forms for you. You answer simple, step-by-step questions in plain English - our software does the rest.



Filing Fees

The USCIS filing fee for Form I-130 is $420 and the filing fee for Form I-485 is $985.
There is no filing fee for Form I-134. Your spouse may also be required to have his or her biometrics (fingerprints and signature) taken for a fee of $85.


USCIS Form I-130 Fee :

$420

USCIS Form I-134 Fee :

$0

USCIS Form I-485 Fee :

$985

USCIS Biometrics Fee :

$85

Total :

$1490




The Marriage-Based Green Card Interview

The U.S. government closely reviews all petitions for marriage Green Cards. Immigration officers look to expose what are called "marriages of convenience".


Marriages of convenience are cases of immigration fraud where someone marries another person so that they can get immigration benefits - such as a Green Card.


The immigration officer will ask you both a series of questions that may be very personal. The point of these questions is to reveal a functional and personal relationship between you and your spouse. You may be asked questions about your relationship, how you met, your finances, and the details of your daily lives and work. See a list of sample questions here.


The more you know about each other, the better the chance that your application will be approved.


If the initial interview is successful, you will then be granted a conditional Green Card. A conditional Green Card is valid for two years, after which you and your spouse will need to apply together to have the conditions on the Green Card removed.


To remove the conditions on the Green Card and get a regular, ten-year Green Card, you will need to file Form I-751, Petition to Remove the Conditions of Residence. At this time, you may be interviewed and your marriage examined again.


Green Card Interview Checklist

At the time of your interview, it's a good idea to gather supporting documents and proof of your marriage relationship. Below is a list of documents you can use to support your application.

  • Marriage certificate
  • Copies of previously terminated marriages (either through divorce, annulment or death)
  • Photos of events in your marriage
  • Documents showing joint ownership or property such as mortgages or bank accounts
  • Proof that you live together (you can use your driver's licenses with the same address)
  • Birth certificates of children (and associated adoption documents if applicable)
  • Affidavits sworn or affirmed by third parties confirming your marriage
  • Tax returns either filed jointly or separately
  • Correspondence between each other (this simply illustrates the depth of your relationship)

How Immigration Direct can Help

Immigration Direct can help you prepare a family-based Green Card application for your same-sex spouse. Our form navigator wizard:

  • Asks you simple, straightforward questions in plain language
  • Offers you tips on complex questions, and tells you where to find answers to questions
  • Completes all the forms you need for your application, including professional templates for additional information you may need to provide
  • Tells you which attachments, documents and fees to submit with your application, and where and how to submit your application.

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Disclaimer: The information provided on this site is not legal advice. It is general information on issues commonly encountered when dealing with immigration matters. It should not be relied upon to reach any conclusion regarding any individual's situation or case. Immigration Direct is not sponsored by or affiliated with the United States government or any government agency. We are not a law firm and are not a substitute for the advice of an attorney. Immigration Direct only provides self-help services at a user's direction. We do not provide legal advice, opinions or recommendations to our users about their legal rights, legal remedies, legal defenses, legal options or legal strategies, selection of forms, or answers to specific questions on forms. Customer support is for technical and billing issues. Customer support will not answer legal questions. Communications between you and Immigration Direct are not protected by any privilege. All forms that can be completed online through Immigration Direct are available as blank forms with written instructions for free from the USCIS. Purchase price does not include application or filing fees that may be charged by any government agency. Your access to and use of this website, and any purchase made using this website, is subject to Immigration Direct's Terms of Use to which, by using this site and/or making any purchase, you are agreeing to be bound.

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