Question: Can a non-American Lesbian Marry a Gay Man to Stay in the United States?
In the United States, opposite sex couples can sponsor their spouses for immigration into this country. Under current law, same-sex couples cannot sponsor their partners, even in states where gay marriage is legal. Can a lesbian from another country marry a gay male friend in order to stay in the United States?
Answer: Because gay and lesbian couples face discrimination in immigration laws, it can be tempting to think about going outside the law in order to prevent being separated from your partner. Certainly many gays and lesbians over the years have entered into "marriages of convenience" in order to get a green card to stay in the country.
Gay and lesbian couples should be very wary of this option, however. If the sham marriage is discovered, both parties can face fines of up to $250,000 and deportation of the immigrant.
A better option is to get involved in gay and lesbian immigration rights activism. Educate yourself about the Uniting American Families Act.
Another option, if you come from a country where you fear persecution for being a lesbian, applying for political asylum is an option. Because immigration law is so complex, getting a qualified lawyer is essential.
