Douglas Olsen
International students in the US who are in a same-sex relationship can get married, as same-sex marriage is legal in the US. However, getting married does not guarantee a permanent stay in the country. If a student wishes to remain in the US with their spouse, they will need to apply for a marriage-based green card, which can be a complicated process. There are two pathways for international students seeking a marriage green card, depending on whether their spouse is a US citizen or a green card holder.
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What You'll Learn
Same-sex marriage legality by country
As of 2025, same-sex marriage is legally recognised in 38 countries. These include:
- Andorra
- Argentina
- Australia
- Austria
- Belgium
- Brazil
- Canada
- Chile
- Colombia
- Costa Rica
- Cuba
- Denmark
- Ecuador
- Estonia
- Finland
- France
- Germany
- Greece
- Iceland
- Ireland
- Liechtenstein
- Luxembourg
- Malta
- Mexico
- The Netherlands
- New Zealand
- Norway
- Portugal
- Slovenia
- South Africa
- Spain
- Sweden
- Switzerland
- Taiwan
- Thailand
- The United Kingdom
- The United States of America
- Uruguay
Same-sex marriage is also recognised with full marital rights by Israel, even if the marriage was performed remotely or abroad.
Same-sex marriage is under consideration in El Salvador, Italy, Japan, Nepal, and Venezuela. Civil unions are being considered in Kosovo, Peru, the Philippines, and Poland.
Same-sex marriage is not recognised in countries with constitutionally mandated Islamic law, where homosexuality is generally prohibited and often criminalised.
In the United States, the Department of Homeland Security has stated that legally married same-sex spouses can apply for the same immigration benefits as opposite-sex spouses, as long as the marriage was performed in a state or country where it is legally recognised. This means that even if the couple currently resides in a state that does not recognise their marriage, the federal government will still recognise it for immigration purposes.
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Visa options for same-sex partners
Same-sex partners of US citizens may face difficulties in obtaining an extended B2 visa. This is because their ties to their home country may be questionable, and their intent to immigrate may be higher. However, B2 visitor visas may be issued for extended periods for same-sex life partners whose primary purpose is to accompany their F1/J1 visa holder spouse. This option is available for couples where the marriage is legally recognised in the US or the country where it was performed.
There are other visa options for same-sex partners, including:
- Tourist visas: Same-sex partners can apply for a B2 tourist visa, also known as a visitor visa. This visa does not allow the holder to work in the US and is initially granted for up to one year, after which extensions of up to six months at a time can be applied for. The applicant must prove that they are part of the same household and meet other eligibility criteria.
- Prospective Marriage Visa: This visa is appropriate for LGBT couples who are not yet married but have marriage plans. The applicant must be outside Australia to be eligible.
- Derivative visas: If the couple is legally married, they can apply for a derivative visa, which is available for both same-sex and opposite-sex couples. This visa will last for the same length of time as the primary F1 visa.
- Work visas: Same-sex partners can seek employer sponsorship for an H-1B visa, which could lead to options for gaining permanent residency.
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Immigration benefits for same-sex spouses
The United States recognizes same-sex marriages for green cards and other immigration benefits. Same-sex couples are entitled to all the same immigration benefits as opposite-sex couples. This includes marriage-based green cards, where the marriage is recognized as legally valid in the place or country where it took place, even if the couple now lives in a state that does not recognize same-sex marriage.
USCIS officers have received sensitivity training on LGBTQ issues and are expected to carry out the law. Same-sex marriages are treated the same as heterosexual marriages in the immigration system. This means that same-sex spouses can sponsor their partners for family-based immigrant visas, and the residence period required for naturalization is reduced to three years if the spouse has been living in a "marital union" with a U.S. citizen spouse during that time.
There are a number of visa options available for same-sex spouses, including derivative spouse visas, employment immigration visas, and accompanying spouses with nonimmigrant visas. For example, a student's same-sex spouse can apply for derivative nonimmigrant status, allowing them to stay in the U.S.
It is important to note that same-sex couples may face special challenges in establishing the legal validity of their marriage, and it is recommended to be prepared to explain any potentially confusing situations, such as a previous heterosexual marriage. Providing adequate proof of an authentic marriage, such as a joint lease or employment-related documents, can help support the application.
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Marriage-based green cards for same-sex couples
The United States recognizes same-sex marriages for green cards and other immigration benefits. Same-sex spouses of US citizens are eligible to apply for lawful permanent residence (a "green card") in the US, just like heterosexual spouses. The marriage must be legally recognized in the United States or in the country where it took place to count for US immigration purposes.
To successfully obtain a green card, all applicants must go through the US Citizenship and Immigration Services' (USCIS) multi-step process. The US citizen spouse must first fill out a petition on USCIS Form I-130. The couple must then prove that their marriage is legally valid in the place it occurred. This can be done by providing supporting documentation, such as affidavits from acquaintances, anniversary cards, correspondence showing a shared address, bank statements, property deeds, and identification with the same home address.
It is important to note that the marriage must be "bona fide," meaning it was not entered into solely to provide the non-citizen spouse with a pathway to citizenship. Couples may need to provide photos, letters, bills, statements, and children's birth certificates to prove their marriage's authenticity. If either spouse has been married before, they must list all previous marriages and provide proof of lawful termination, such as divorce or death certificates.
While there are no special requirements for same-sex couples, they may face unique challenges. For example, they may need to establish the legal validity of their marriage more frequently than heterosexual couples. Additionally, if one spouse became a US citizen or green card holder based on a prior heterosexual marriage, their current marriage may be scrutinized more closely. Overall, same-sex couples seeking marriage-based green cards in the US should be prepared to navigate a complex process, but one that recognizes their marriage as equal under the law.
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Counselling for LGBTQ international students
For LGBTQ+ international students, the college years can be a time of exploration and growth, including the exploration of one's gender and sexual identity. This can be a challenging process, especially for those coming from countries where LGBTQ+ rights are limited or non-existent.
Many colleges and universities are now providing services such as LGBTQ+ resource centres to support students and help them find a community. These centres can be a great source of information and guidance on issues such as LGBTQ+ climate in different regions, and students can also seek counselling services to help cope with the stresses and challenges they may face.
For example, LGBTQ+ international students may face challenges when bringing their partners or their children to their host country due to immigration laws. In the US, the Department of Homeland Security has stated that legally married same-sex spouses can apply for the same immigration benefits as opposite-sex spouses, as long as the marriage was performed in a country where it is legally recognised. However, same-sex partners of US citizens may encounter difficulties in obtaining certain visas, such as the extended B2 visa, due to their lack of a fixed end date.
Counselling services can help students navigate these complex issues and explore alternative options, such as seeking employment with a business willing to sponsor an H-1B Visa, which could lead to permanent residency. Additionally, for students returning home to countries with limited LGBTQ+ rights, counsellors can provide resources and referrals to online communities and groups that can offer support and a sense of community.
Overall, counselling for LGBTQ+ international students can provide a safe and supportive space to navigate the unique challenges and concerns they may face during their time abroad, as well as help them explore their identities and find community.
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Frequently asked questions
Yes, non-citizens can get married in their host country, as long as they have the proper identification to apply for a marriage license.
In most cases, a valid passport and a birth certificate are enough to prove your identity and that you are of legal age to marry.
Yes, international students can apply for a marriage-based green card. The type of green card, whether temporary or permanent, will depend on how long the couple has been married at the time the application is approved.
Yes, as long as the country or place allows same-sex marriage, it will be valid for immigration purposes.
