{"id":351912,"date":"2016-04-04T11:02:42","date_gmt":"2016-04-04T16:02:42","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/family\/marriage\/same-sex-green-card-marriage-facts.html"},"modified":"2023-03-20T13:52:52","modified_gmt":"2023-03-20T18:52:52","slug":"same-sex-green-card-marriage-facts","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/family\/marriage\/same-sex-green-card-marriage-facts.html","title":{"rendered":"Same Sex Green Card Marriage Facts"},"content":{"rendered":"\n
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Same Sex 'Green Card Marriage' Facts<\/h1>\n
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\n By Jade Yeban, Esq.<\/a> | Legally reviewed by Nicole Prebeck, Esq.<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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Same-sex couples are treated the same as heterosexual couples when applying for lawful permanent residency (a green card<\/a>) for a foreign spouse under U.S. immigration laws.<\/p>\n\n <\/div>\n\n

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History of Same-Sex Marriage Laws<\/h2>\r\n

In 1982, Adams v. Howerton<\/i> established that same-sex couples did not qualify as spouses for purposes of U.S. immigration. This decision was regardless of whether same-sex marriage was legal in the U.S. state where they got married.<\/p>\r\n

The effects of that Supreme Court decision lasted for over 30 years. The decision prevented gay couples and lesbian couples from qualifying for the preferential treatment and protections afforded to spouses in heterosexual marriages.<\/p>\r\n

In United States v. Windsor <\/i>(2013)<\/a>, the Department of Homeland Security announced that it would no longer follow that ruling when processing visa applications. The decision ruled that the Defense of Marriage Act (DOMA) was unconstitutional because it violated equal protection and due process laws.<\/p>\r\n

Two years later, the U.S. Supreme Court ruled in Obergefell v. Hodges<\/i><\/a> (2015) that gay marriage is legal in all states.<\/p>\r\n

Learn more about the intersection of same-sex marriage and immigration in this article.<\/p>\r\n

Proving an Existing Marriage<\/h2>\r\n

Were you married within or outside of the U.S. or U.S. territories? There are two potential issues that might concern U.S. Citizenship and Immigration Services (USCIS) if you were married outside of the U.S.:<\/p>\r\n