Now, that we can all get married in the entire US, and some of us want to bring our spouses to the US to live, work, prosper and give back to this country, some issues are to be consider when immigration is part of the formula to accomplish our happiness.
Many gay people have been married and have children in heterosexual marriages. Others have never been out of the closet. Under the circumstances that gay people have lived through history, is the norm today to come out now and marry your love one. If the couple have nothing to credit the relationship, is important to document the relationship with sworn affidavits of people that know you two. With photos of family events, even if at the time, you were still in the closet. I particularly like the affidavits of immediate relatives to attest to the prior friendship until the couple came out of the closet.
For gay people who have been out and post a lot of stuff in the social media, it may present a different type of challenge; posting material that may hamper your commitment to that relationship that will help your love one to get their green card.
The paper work with immigration culminates with an interview before an immigration officer, and that could also be a challenge. Immigration has an obligation to train their officers to interview gay people. When the couple is interview, you need preparation, not only to answer the questions, but to detect any type of improper questioning or denial based on personal bias.
If you love one is out of the US, the interview is going to be overseas and those consulates are ruled by the US Department of State and are further from scrutiny than if they are in the states. For those interviews, I will make sure that stronger evidence are presented, like money that you may have sent to your love one, visits to that country, emails, etc. and prepare for the interview with accurate answers when your love one goes to the US consulate for that interview.
Lastly, a word of caution, marriages just to get a green card are fraudulent and dangerous. If immigration ever finds out you got married to violate immigration laws, you will never, ever get a green card in the US. It’s a permanent Bar.