The IR‑1 visa is intended for spouses of U.S. citizens, regardless of whether the marriage is heterosexual or same-sex.
In the United States, LGBT marriages have been recognized for immigration purposes since the Supreme Court decision in Obergefell v. Hodges (2015), which guaranteed the right to marriage for same-sex couples nationwide.
This means that if a same-sex marriage was legally performed and recognized at the place of celebration, it holds the same legal value for the IR‑1 visa petition as a heterosexual marriage.
It is important to highlight that the procedures for obtaining the IR‑1 visa require submission of robust documentation that proves the authenticity and legality of the marriage, as well as meeting all specific eligibility requirements established by U.S. immigration laws.
Thus, even though the recognition of the marriage is full, special attention is recommended in organizing the documents and monitoring each stage of the process. It is always prudent to strictly follow the laws and guidelines issued by American immigration authorities.
Therefore, if choosing to seek guidance, be sure to select reliable sources and avoid miracle promises or marketing approaches that guarantee results. The immigration process is complex and requires detailed analysis of each case, making it essential to base procedures on updated and official information.
Remember that every situation is unique, and although recognition of LGBT marriage allows for the IR‑1 visa petition, compliance with all legal requirements and correct documentation submission are essential for a successful process.
Learn more about IR-1 Visa
- Type
- Permanent Green Card
- Sponsor
- U.S. citizen spouse
- Cap
- No limit (immediate relative)
- Processing
- 12-36 months
Victoria Harper
Editor-in-Chief
Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.