Am I allowed to include my same-sex partner/partner on my Green Card application?

Same-sex partnerships (civil unions) are not valid as a legal marriage when applying.

Same-sex marriages legally recognized in countries like Denmark or the United States must be included on the application. All unmarried children under the age of 21 must also be included.

Background: Under United States federal legislation, couples in a same-sex marriage can include their spouses on the Green Card application. This only applies to marriages valid under US law. Due to this law being considerably new, there are almost no reference cases and the information provided by the U.S. authorities on how to handle such situations is not clearly defined. Certainly, same-sex marriage is a complicated matter differing from country to country. Civil unions performed in some countries do not hold the same legal status as a marriage in the USA. It is important that the couple is in a US-recognized same-sex marriage for every family member to get the Green Card. If you are in a same-sex partnership, marriage or civil union, it is very important that you contact us so that we can clarify if the country you married in corresponds with legal marriage in the USA.

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