USCIS has now started to reconsider Green Card applications that were filed by gay couples and that were denied by USCIS in the past. USCIS recently issued new guidelines and stated that it would review all the immigrant petitions filed by gay couples after February 23, 2011 and that were denied due to the Defense of Marriage Act (DOMA). If your petition was denied before this date, you may contact USCIS and request a review.
A portion of DOMA was recently struck down by the Supreme Court. And because of this decision, legally married same sex couples will now be treated equally in regards to federal immigration benefits.
In the past, immigrant petitions filed by U.S. citizens on behalf of their same sex partners were denied by USCIS. USCIS has now stated that it will reconsider all of those applications that were previously denied by the agency.
If you are a U.S. citizen and if the application that you filed on behalf of your same sex partner was denied by the USCIS before or after 23rd February, 2011, you can now request a review.
If you are a U.S. citizen in a same sex marriage, you can sponsor your foreign partner for a U.S. Green Card. The application filing process will be the same for all the legally married couples. You must first file Form I-130, Petition for Alien Relative, for your spouse.
If your spouse is currently abroad, he/she must go through consular processing. After the approval of the petition for alien relative you have filed, your spouse will be notified by the consular office in his/her home country. He/she will be required to appear for a visa interview. After the interview, if your spouse is found to be eligible for an immigrant visa, a visa will be issued to him/her with which your spouse can travel to the United States. He/she will receive a Green Card within 30 days of arrival.
Your spouse can go for adjustment of status, if he/she holds a non-immigrant visa and is in the United States. An application for adjustment of status, Form I-485 can be filed by your spouse at the time you file Form I-130. You spouse may also be required to appear for an interview. After the approval of these forms and after the interview, your spouse will be issued a Green Card.