Gay couples, no matter their love and dedication to one another, had no legal right to marry or reap the benefits that came with marriage — including the ability to petition the U. Two landmark Supreme Court rulings changed that: By Own work, , United States v. Windsor June 2013 Enacted in 1996, the Defense of Marriage Act DOMA was a federal law that limited federal marriage benefits and mandated that only opposite-sex marriages need be recognized between states. So even if one state legalized gay marriage, that union would not be recognized at a federal level or in states where gay marriage was illegal. On June 26, 2013, the U. This entitled married same-sex couples to the same federal benefits as opposite-sex married couples. By from Washington, DC, USA — , , Obergefell v. Hodges June 2015 However, states that had a ban on same-sex marriage were still not required to recognize a marriage performed in a state that had legalized it. This changed with Obergefell v. Hodges, in which James Obergefell sued to be listed on the death certificate of his late husband, whom he married in Maryland after Windsor. The state of Ohio, where the couple lived, refused to recognize the marriage performed in Maryland. On June 26, 2015, the U. Supreme Court ruled that states cannot keep same-sex couples from marrying and must recognize their unions, stating that the 14th Amendment of the U. And this is what it means: Married same-sex couples can now apply for a family-based green card, same as opposite-sex couples can. Groundbreaking… Married same-sex couples can now apply for a green card, same as opposite-sex couples can. Can I Petition for my Spouse to get a Green Card? By all means, file the petition, , and any related applications. Your ability to get a green card for your spouse will be based on U. How Do I Petition for my Spouse? In the same way that an opposite-sex married couple would. Perhaps this is obvious, but to qualify for a family-based green card, you must be legally married. If the two of you are not married AND you are a U. S citizen AND your foreign-born partner is overseas, you may file for a , a nonimmigrant visa that permits your fiancé to come to the U. Also known as the Petition for Alien Relative, this is the form you file to establish your relationship to a spouse who wishes to immigrate to the United States. Note: You must be a U. This article has more information about. Are There Any Extra Steps We Have to Take? More than what a married opposite-sex couple has to do? But getting a green card is a long, complex process, so try to be patient. SimpleCitizen can guide you through the steps and help answer your green card questions. Our software acts as a step-by-step wizard that walks you through the necessary questions to complete your green card application. After Juan Monroy, 26, and Andy Phillips, 30, got married, they wanted to apply for a green card for Monroy, who is from Colombia. Rather than springing for the expense of an immigration attorney, they used a website called SimpleCitizen to fill out the paperwork…. Additional forms may have additional filing fees; these are set by the federal government and cannot be lowered or waived. Outside these regular filing fees, there are no additional charges to apply for a green card when you file without help. When you use , our platform takes you through every question of the application step by step, and our friendly and helpful support team can help with any questions. What About Preparing for the Interview? Nothing more than what an opposite-sex couple would have to prepare. The USCIS officer will likely quiz you on these things to get a sense of the credibility of your marriage. The process was not as scary as we thought it would be. We would not have been able to do it without you! We will forever be grateful to SimpleCitizen and their amazing people. Thank you, for your alliance, and for being on the right side of history! He studied at Brigham Young University and graduated with a Bachelor's degree in 2017. He went through the immigration process with his wife who is from Costa Rica. Before SimpleCitizen, Matthew worked at a non-profit venture funding accelerator. As well as living and working abroad, he has traveled to 30+ countries. The services and information provided are not legal advice and do not substitute the same level of advice, opinion, guidance or recommendation that a licensed immigration attorney can provide. SimpleCitizen is not affiliated with the USCIS. The purchase price of services does not include USCIS government filing fees.
