Same sex gc/marriage

[funlovingkayak 0]

Is it legally possible to get a green card and citizenship via same sex marriage? My friend has been in a relationship with her partner for over 15 years but is seperated by country borders. Since she is overseas, I am wondering if she can marry her partner who is in the US and apply for a gc and then citizenship?

[tuanphan21290 1]

Yes you can. My brother-in-law was in this situation. His partner and him came to Seattle to get married since Seattle was the first city allowed same-sex marriage at that time. Then he filed Adjustment of Status at his local USCIS, Houston, TX. The application process will be as same as any other marriage based application. He got his green card just 2.5 months after filed, and the interview quetions was really easily as he told me.

You can find more information from USCIS website http://www.uscis.gov/family/same-sex-marriages

Edited October 21, 2015 by tuanphan21290

[jerni 24]

Very possible since my partner and I have done it. I'm from the UK and my husband is the US citizen. I got my greencard in January 2014. We just started the removal of conditions process and I'll apply for citizenship this time next year.

[funlovingkayak 0]

Thank you.

So what would be the quickest way to get her friend to the US since they have been apart for over a long period and would prefer that she join her in the US at teh earliest. Would coming here on a tourist visa-changing to fiance visa be the fastest? thank you

[Tom_Jim 40]

Thank you.

So what would be the quickest way to get her friend to the US since they have been apart for over a long period and would prefer that she join her in the US at teh earliest. Would coming here on a tourist visa-changing to fiance visa be the fastest? thank you

How about getting a fiancee visa? That always worked.

[edt370a 3]

The others have answered your question well.

I would like to add that by the time your friend's spouse comes up for citizenship they will probably have amended the N400 form as well. Right now it does not ask for the sex of the spouse, so the interviewing officer automatically assumes it is an opposite-sex spouse. It led to some awkward exchanges and corrections with the interviewers when my husband had his citizenship interview in April, and once again when I had mine in September :-)

Funnily enough, my interviewing officer was much nicer to me after she discovered I was married to a dude. Until then she was sort of cold, distant and formal. Go figure...

Edited October 23, 2015 by edt370a

[SM & EF 41]

Thank you.

So what would be the quickest way to get her friend to the US since they have been apart for over a long period and would prefer that she join her in the US at teh earliest. Would coming here on a tourist visa-changing to fiance visa be the fastest? thank you

I'm not a lawyer, but coming on a tourist visa with the intention of switching to a fiancee visa or even getting married could be considered immigration fraud. Obviously I don't think that is a good idea. Everyone can understand the desire to be together as soon as possible, but the larger goal is to be together long into the future. Taking a short cut might not get them where they ultimately want to be.

Fortunately, now that same-sex marriage is legal in all 50 states, they can follow the same process as everyone else in applying for a fiancee visa. There are a lot of great resources here for anyone going through this process. Wish them luck from us!

[funlovingkayak 0]

Thanks. I will let them know. I think it will be difficult for her partner to leave her job as she works for the govt and is nearing retirement . However hopefully at this stage or later they can unite. I am not sure if she really wants to be in the US as she has spent her whole life in her country. Perhaps my friend will have to move back which may not be such a bad idea anyways as she has closer ties to that country than the US. Besides they are both in their late 50's and doing the whole visa/waiting/watching/hoping thing does seem a bit too much for them. I also think that my friend will be happier in her country than she ever was here because she is much more attached to their customs/way of life which she missed a lot here.