I-130 Same-Sex Marriage Petition in West Hollywood: LGBTQ+ Immigration Rights
Family-Based Immigration for Same-Sex Married Couples in the Heart of LGBTQ+ Southern California
Quick Answer
West Hollywood stands as a beacon of LGBTQ+ acceptance, with a long history of championing equal rights and celebrating diversity. Since the Supreme Court's landmark 2015 Obergefell v. Hodges decision, same-sex married couples have equal access to family-based immigration benefits. USCIS recognizes all legal same-sex marriages for immigration purposes, opening the door for U.S. citizen and green card holder spouses to petition for their partners regardless of gender.
Reviewed for accuracy by
Maria Santos
DOJ Accredited Representative • 15+ years experience
West Hollywood stands as a beacon of LGBTQ+ acceptance, with a long history of championing equal rights and celebrating diversity. Since the Supreme Court's landmark 2015 Obergefell v. Hodges decision, same-sex married couples have equal access to family-based immigration benefits. USCIS recognizes all legal same-sex marriages for immigration purposes, opening the door for U.S. citizen and green card holder spouses to petition for their partners regardless of gender.
Marriage Equality in Immigration Law
Key points about marriage equality in immigration:
• All legal same-sex marriages are recognized, whether performed in the U.S. or abroad
• Civil unions and domestic partnerships do not qualify for spouse immigration benefits
• The marriage must be legally valid where it was celebrated
• USCIS does not consider the laws of the couple's home country
• Same-sex couples have equal access to all family immigration categories
Who Can File I-130 for a Same-Sex Spouse?
- •U.S. citizens can file I-130 for same-sex spouse as immediate relative (no visa wait)
- •Green card holders can file I-130 for same-sex spouse in F2A category (visa wait applies)
- •Must have legally valid marriage certificate
- •Marriage must be recognized under the law of the place where it was performed
- •Both spouses must have legal capacity to marry (age, mental capacity, not already married)
- •Marriage cannot be solely for immigration benefit (must be bona fide)
- •Petitioner must be domiciled in the United States (or working abroad for U.S. government)
- •No requirement that either spouse be the same gender as listed on birth certificate
I-130 Processing for Same-Sex Couples
| Petitioner Status | Category | Current Wait Time | Total Timeline |
|---|---|---|---|
| U.S. Citizen | Immediate Relative | No visa wait | 12-24 months |
| U.S. Citizen (spouse abroad) | Immediate Relative | No visa wait | 14-20 months consular |
| Green Card Holder | F2A Preference | Visa availability varies | 2-4 years total |
| Green Card Holder (spouse abroad) | F2A Preference | Visa availability varies | 3-5 years total |
Same-Sex Marriages from Countries Where It's Illegal
This is especially important for LGBTQ+ immigrants from countries where homosexuality is criminalized. Even if your home country does not recognize same-sex marriage, or criminalizes LGBTQ+ relationships, your U.S. marriage (or marriage from any country where it was legal) is valid for immigration purposes.
Examples of valid marriages:
• Two Egyptian nationals married in California - Valid
• Two Iraqi nationals married in Canada - Valid
• Two Lebanese nationals married in Massachusetts - Valid
• Same-sex couple married in the Netherlands - Valid
Your home country's laws on homosexuality are irrelevant to USCIS recognition of your marriage.
Required Documents for Same-Sex I-130 Petition
- •Form I-130, Petition for Alien Relative
- •Form I-130A, Supplemental Information for Spouse Beneficiary
- •Proof of petitioner's U.S. citizenship or permanent residence
- •Certified copy of marriage certificate
- •Passport photos for both spouses (2x2 inches)
- •Evidence of any prior marriages terminated (divorce decrees, death certificates)
- •Filing fee ($625 as of 2026)
- •Evidence of bona fide marriage relationship
Proving a Bona Fide Same-Sex Marriage
- •Joint bank accounts and financial documents
- •Joint lease or mortgage
- •Joint utility bills in both names
- •Insurance policies listing spouse as beneficiary
- •Joint tax returns (if filed)
- •Photos together over time (wedding, vacations, holidays, family events)
- •Birth certificates of children (if any)
- •Correspondence addressed to both spouses at same address
- •Affidavits from friends and family attesting to relationship
- •Social media posts showing relationship over time
Special Considerations for LGBTQ+ Couples
- •Couples who kept relationship private in home country may have less early documentation
- •Family members in home country may not be able to provide affidavits safely
- •Photos together may be limited if relationship was hidden
- •Meeting story may involve online dating or LGBTQ+ social spaces
- •Document your relationship from when you could be open about it
- •Affidavits from American friends, coworkers, or chosen family are valid
- •Explain any gaps in documentation due to safety concerns
- •USCIS officers are trained on LGBTQ+ cultural competency
Concurrent Filing: I-130 + I-485 for Same-Sex Couples
| Form | Purpose | Fee | Benefit |
|---|---|---|---|
| I-130 | Petition for Alien Relative | $625 | Establishes relationship |
| I-485 | Adjustment of Status | $1,440 | Applies for green card |
| I-765 | Employment Authorization | $0 (included) | Work permit while pending |
| I-131 | Advance Parole | $0 (included) | Travel document while pending |
The Marriage Interview for Same-Sex Couples
During the interview:
• Both spouses must attend together
• Officer asks about your relationship history, how you met, daily life
• Questions are the same as for any married couple
• Bring original documents and additional evidence
• Officer may ask about wedding ceremony, guests, living arrangements
• Interview typically lasts 15-30 minutes
• USCIS officers receive LGBTQ+ sensitivity training
• You have the right to respectful, professional treatment
LGBTQ+ Asylum and Immigration Intersections
- •LGBTQ+ individuals from persecuting countries may have asylum claims
- •Asylum can be pursued while marriage petition is pending
- •Marriage to U.S. citizen does not automatically cancel asylum case
- •Discuss strategy with immigration professional if you have both options
- •Some couples met while one spouse was an asylum seeker
- •Derivative asylum benefits differ from marriage-based immigration
- •Violence or threats due to LGBTQ+ identity may support both asylum and VAWA claims
- •Consult attorney if immigration history is complex
West Hollywood LGBTQ+ Community Resources
- •West Hollywood City LGBTQ+ services and referrals
- •Los Angeles LGBT Center - legal services and immigration help
- •Immigration Equality - national LGBTQ+ immigration organization
- •Lambda Legal - LGBTQ+ civil rights legal organization
- •API Equality-LA - LGBTQ+ Asian Pacific Islander support
- •ORAM (Organization for Refuge, Asylum & Migration) - LGBTQ+ refugee support
- •Trans Latina Coalition - transgender immigrant support
- •SoCal Immigration Services - Arabic-speaking LGBTQ+ friendly services
Why Choose SoCal Immigration Services?
- •Experienced with same-sex marriage petitions since 2015
- •Arabic-speaking staff for LGBTQ+ immigrants from Middle East and North Africa
- •Culturally sensitive and confidential services
- •Understanding of documentation challenges for couples who kept relationships private
- •Coordination with immigration attorneys for complex cases
- •Convenient service for busy professionals
- •Non-judgmental environment for all clients
- •Knowledge of LGBTQ+ specific immigration issues
FAQFrequently Asked Questions
Q:Does USCIS recognize my same-sex marriage if my home country doesn't?
A: Yes. USCIS recognizes your marriage based on where it was celebrated, not where you are from. If you were legally married in the United States, Canada, or any country where same-sex marriage is legal, USCIS will recognize that marriage regardless of your home country's laws. Many couples from countries where homosexuality is illegal have successfully obtained green cards through same-sex marriage.
Q:Can I sponsor my same-sex spouse if I'm a green card holder, not a citizen?
A: Yes, green card holders can sponsor same-sex spouses just like opposite-sex spouses. The difference is that your spouse falls under the F2A preference category rather than immediate relative, which means there may be a visa availability wait. Currently, the wait for F2A is approximately 2-3 years depending on the spouse's country of origin. Consider naturalization if eligible to eliminate this wait.
Q:We kept our relationship secret in our home country. How do we prove our marriage is real?
A: USCIS understands that LGBTQ+ couples from certain countries may have limited early documentation. Focus on evidence from when you could be open: joint accounts, lease, photos, social media from the U.S. or safe locations. Get affidavits from American friends, coworkers, or chosen family who have witnessed your relationship. A brief explanation in your cover letter about why early documentation is limited is appropriate.
Q:What if my family won't support my marriage or provide affidavits?
A: Family support is not required. Many LGBTQ+ couples have limited or no family support, and USCIS is aware of this reality. Affidavits can come from friends, neighbors, coworkers, religious community members, or anyone who has witnessed your relationship. Your chosen family's testimony is just as valid as biological family.
Q:Can I apply for asylum based on LGBTQ+ persecution AND file a marriage petition?
A: Yes, these are separate processes and can proceed simultaneously. If you are in the U.S. and face persecution in your home country due to your LGBTQ+ identity, you may have an asylum claim. Separately, if you are married to a U.S. citizen or green card holder, you can pursue a marriage-based green card. Discuss strategy with an immigration professional as each case is unique.
Q:Is there any risk that my home country will find out about my U.S. same-sex marriage?
A: USCIS does not notify foreign governments about immigration applications. However, marriage certificates are generally public records in the U.S. If safety is a concern, discuss with a legal professional about privacy protections. Once you have a green card, you are not required to return to your home country.
Q:My spouse and I are both the same gender but one of us is transgender. Does this affect our petition?
A: No. USCIS recognizes marriages based on the genders of the spouses as listed on their marriage certificate or as they identify. Transgender individuals can sponsor or be sponsored by spouses of any gender. USCIS does not require gender confirmation surgery or any particular documentation of gender identity for marriage-based petitions.
Q:How long will the entire green card process take for my same-sex spouse?
A: For U.S. citizen petitioners, expect 12-24 months total from I-130 filing to green card if your spouse is in the U.S. (adjustment of status) or 14-20 months if processing through a consulate abroad. For green card holder petitioners, add 2-3 years for visa availability wait. These timelines are identical to opposite-sex married couples.
Ready to Start Your Same-Sex Marriage Petition?
SoCal Immigration Services provides confidential, supportive help for LGBTQ+ couples navigating family immigration. Let us help you build your case.
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