Can Same-Sex Couples Get a Marriage Green Card in the United States?

Yes — same-sex couples have the same rights as opposite-sex couples for marriage-based green cards. LaGrone Law explains your rights and the process for LGBT immigration.

Yes. Same-sex couples have the same legal right to a marriage-based green card as any other married couple in the United States. This has been the law since the Supreme Court's landmark ruling in Obergefell v. Hodges (2015), which recognized same-sex marriage nationwide, and the earlier United States v. Windsor (2013), which extended federal benefits to lawfully married same-sex couples.

Your Rights Under Current Law

If you are legally married to a U.S. citizen or lawful permanent resident of the same sex, you are treated identically to any opposite-sex married couple in the immigration process. USCIS is required by law to adjudicate your case without discrimination based on sexual orientation or gender identity.

What the Process Looks Like

The process for same-sex couples mirrors that of any marriage-based green card:

1. Your U.S. citizen or LPR spouse files Form I-130.

2. You file for adjustment of status (Form I-485) if in the U.S., or go through consular processing if abroad.

3. You attend a joint interview where you demonstrate the genuineness of your marriage.

4. If approved, you receive your green card.

What About Countries Where Same-Sex Marriage Is Not Legal?

If you were married in a country that does not recognize same-sex marriage, the validity of your marriage is typically determined by the laws of the jurisdiction where it was performed — not where you currently live. If your marriage was legally performed in a U.S. state or a country that recognizes it, USCIS will generally recognize it.

Safety and Confidentiality

We understand that in some cultures, being open about your relationship requires courage. At LaGrone Law, we provide a safe, judgment-free space for every client. Your privacy is protected, and your love is valid.

Call LaGrone Law — every family deserves to stay together.