A U.S. citizen or lawful permanent resident may petition for a same-sex spouse when the marriage is legally valid and the relationship is genuine. A spouse living abroad commonly completes immigrant-visa processing through the National Visa Center and a U.S. embassy or consulate.
From Petition to Interview
- File Form I-130 with evidence of the legal and genuine marriage.
- After approval, complete National Visa Center fees, forms, financial sponsorship, and civil-document requirements.
- Complete the medical examination with the approved panel physician.
- Attend the immigrant-visa interview and establish eligibility.
- If the visa is issued, travel before it expires and seek admission as a permanent resident.
Prepare for Local Conditions
In some countries, being openly LGBTQ+ can create risk or make ordinary relationship evidence difficult to obtain. Couples should follow the consular post’s instructions, prepare truthful evidence, and raise a concrete privacy or safety issue with counsel. The immigration process does not require a couple to endanger themselves merely to create public evidence.
CR-1 or IR-1
If the marriage is less than two years old when the spouse enters as a resident, the classification is generally CR-1 and residence is conditional. If the marriage is at least two years old, the classification is generally IR-1. Conditional residents ordinarily must later file Form I-751.
Screen for Inadmissibility
Prior visa applications, unlawful presence, removal history, fraud or misrepresentation, criminal matters, and health-related grounds can affect issuance. Some grounds have waivers and others do not. Review the history before the interview or any departure from the United States.
The Department of State explains the general family immigrant-visa process.
Private, Case-Specific Guidance
Call 203-373-9080 for a brief telephone evaluation or use the form on this page. A full virtual or office attorney consultation is ordinarily paid. Contacting the firm does not create an attorney-client relationship.
Reviewed October 10, 2026. Immigration rules and agency procedures can change. This information is general and is not legal advice.