Do LGBTQ+ have the same marriage based immigrant visa option?

[Mason_Stellar 2]

Hi, 

 

My Indian friend who is gay has been in a relationship with a USC partner for the past 14 months. They are now thinking about getting married. But the problem is same sex marriages are not legal in india. So they are thinking about getting married in a LGBTQ+ friendly place like Canada and then using the marriage certificate in the CR1 application since they both wanna live in the states if their application is approved. 

 

So my two questions are - is it common or accepted to use marriage certificate from a 3rd country and use it in the CR1 application ?

                                             - does a same sex CR1 application hold as much weight as a traditional marriage application?  

[Verrou 1,908]

12 minutes ago, Mason_Stellar said:

Hi, 

 

My Indian friend who is gay has been in a relationship with a USC partner for the past 14 months. They are now thinking about getting married. But the problem is same sex marriages are not legal in india. So they are thinking about getting married in a LGBTQ+ friendly place like Canada and then using the marriage certificate in the CR1 application since they both wanna live in the states if their application is approved. 

 

So my two questions are - is it common or accepted to use marriage certificate from a 3rd country and use it in the CR1 application ?

                                             - does a same sex CR1 application hold as much weight as a traditional marriage application?  

1. yes its ok

2. yes. it is. for uscis legal marriage is legal marriage

Edited July 18, 2022 by Misscloud

[JeanneAdil 6,323]

Yes  and Yes,

 

question will be Can the Indian get tourist visa to visit Canada?

[Boiler 44,021]

LGBQUITA+ do not all have marriage based options but G do, and certainly the VJ experience suggests they have at least as much weight as CIS applications.

 

The marriage needs to be legal, and no issue with Canada.

[Nuba 57]

Another alterative to Canada is Gibraltar, an (English speaking) UK territory that will perform same sex marriage and requires only one day residence, which can be the night before or the night after your ceremony. Gibraltar would require a visa for the Indian beneficiary..

 

Should the marriage in person and CR1 not work out another option is to have the USC start the process for the K1 visa to bring the fiancé to the US to get married. As with CR1, same-sex is treated the same as opposite sex.   Currently the K1 process is more expensive and will take longer but if you have met in person at least once in the last two years you can apply.

[Dashinka 23,551]

Another potential option Is the Utah Zoom wedding.  Since it is US based, it is legal regardless of where they are located (I believe), however the married couple will need to meet again in person prior to the USC filing the I130.

[pushbrk 12,330]

In the USA, any two humans of legal age and legally and lawfully married, have the same immigration options.