Is having a same-sex spouse prohibited under TD status?

Today we will address a common question related to immigration to the United States, especially in the context of the TD dependent status associated with the TN visa. Many people wonder about the possibility of including a same-sex spouse in the process.

For clarification, TD status is intended for dependents of TN visa holders, that is, spouses and children. As long as the marriage is legally recognized – according to the laws of the place where it was celebrated and, consequently, accepted by U.S. authorities – there is no restriction regarding the spouses” sexual orientation.

This means that same-sex couples are not prohibited from being included as dependents under TD status. It is important to highlight that the United States has recognized same-sex marriages since the historic Supreme Court decision in Obergefell v. Hodges. Therefore, if the marriage is legally valid in the country of origin or jurisdiction, the requirements for inclusion as a dependent under TD status are the same as those applied to opposite-sex couples.

Thus, the analysis focuses on the validity of the marriage, not the spouses” orientation. It is always advisable to ensure that all documentation complies with U.S. immigration law and that the marriage is duly recorded according to the standards of the issuing country.

Following immigration laws and seeking information from official sources or specialized advisory services helps ensure the process is conducted safely, avoiding risks related to scams or misleading promises. Remember that each case has its particularities, and staying informed is essential to avoid surprises during the process.

If there are additional doubts, it is always useful to consult official materials or competent authorities to ensure all criteria are being met and the laws are fully observed.

Victoria Harper

Editor-in-Chief

Meet the author

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.