Same-sex couples seeking U.S. residency through marriage-based visas must provide proof their marriage is legitimate. The United States Citizenship and Immigration Services (USCIS) treats same-sex marriage the same as opposite-sex marriage. Therefore, all couples must show that their relationship is genuine.
USCIS requires evidence that the marriage is not solely for immigration purposes. Applicants must submit documents that show they share a life. While this requirement is standard for all couples, some same-sex couples may face additional challenges if they lack traditional forms of proof due to the unique circumstances of their relationship.
What counts as proof of a legitimate marriage?
There are several types of documents that can help prove a legitimate marriage for immigration purposes. These include:
- Joint financial documents, such as bank account statements, mortgage agreements or leases, are valuable evidence
- Records like health insurance showing both spouses as beneficiaries
- Photos of the couple together with family and friends
- Travel documents that demonstrate shared experiences
The more detailed the documentation, the better the chances of proving a bona fide relationship.
In addition, letters of support from friends, family or even employers can help. These letters can describe the couple’s relationship, emphasizing the commitment and emotional connection between the partners. Couples should also provide proof of ongoing communication, like emails or text messages.
Same-sex couples in Texas can successfully navigate the U.S. immigration process by presenting clear, credible evidence of their relationship. However, in some cases, couples who lived in areas where same-sex marriage wasn’t recognized may lack financial records or public acknowledgment of their relationship. Social stigma or discrimination can also make the process more emotionally taxing.
Despite these challenges, understanding the requirements and preparing extensively can help same-sex couples prove their commitment and move forward confidently under U.S. immigration law.