From Pride to Papers: How LGBTQ+ Couples Can Build a Life Together in the U.S

Love is universal but immigration paperwork definitely isn’t. For many LGBTQ+ couples, building a life together in the United States can feel overwhelming, especially if one partner is from another country. The good news? U.S. immigration law recognizes same-sex relationships exactly the same as opposite-sex relationships.

This wasn’t always the case. Everything changed in 2013 when the U.S. Supreme Court struck down key parts of the Defense of Marriage Act in United States v. Windsor. That decision allowed the federal government (including immigration authorities) to recognize same-sex marriages. Two years later, Obergefell v. Hodges made same-sex marriage legal nationwide. Today, U.S. Citizenship and Immigration Services (USCIS) treats LGBTQ+ couples equally in family-based immigration.

Marriage-Based Green Cards for Same-Sex Couples

If you are legally married to a U.S. citizen or permanent resident, you can apply for a green card through the same process as any other married couple.

Step-by-step overview:

1. The U.S. citizen or green card holder files Form I-130 (Petition for Alien Relative)

2. USCIS reviews the relationship and verifies the marriage is real (not just for immigration)

3. The foreign spouse applies for Adjustment of Status (Form I-485) if in the U.S., or goes through consular processing abroad

4. Both partners attend a green card interview

   
   

Important: The marriage must be legally valid where it took place. Even if your home country doesn’t recognize same-sex marriage, a legal marriage performed in a country or U.S. state where it is valid is acceptable for U.S. immigration.

Fiancé(e) Visas for LGBTQ+ Couples

Engaged but not married yet? The K-1 fiancé(e) visa is available to same-sex couples too.

Here’s how it works:

• A U.S. citizen files Form I-129F

• The foreign fiancé(e) attends an embassy interview

• Once approved, they enter the U.S. and must marry within 90 days

• After marriage, they apply for a green card

USCIS does not require that same-sex marriage be legal in the fiancé(e)’s home country, only that the couple is legally free to marry and intends to marry in the U.S.

Asylum for LGBTQ+ Individuals

For some, immigration is not just about love, it’s about safety. LGBTQ+ individuals who face persecution in their home country because of their sexual orientation or gender identity may qualify for asylum in the United States.

To qualify, applicants must show:

• They fear persecution

• The persecution is based on membership in a particular social group (which includes LGBTQ+ identity)

• Their home government cannot or will not protect them

Countries where same-sex relationships are criminalized or violently targeted often form the basis of successful asylum claims.

Proving a Real Relationship

Like all couples, LGBTQ+ applicants must prove their relationship is genuine. Helpful evidence includes:

• Photos together over time

• Travel records

• Communication history

• Joint leases or bank accounts

• Statements from friends and family

This Month of Love is a reminder that families come in all forms. Whether through marriage, a fiancé(e) visa, or protection through asylum, LGBTQ+ individuals have clear legal pathways to build their futures in the United States. Because at the end of the day, immigration law may be complicated but love is love.

Patricia Elizee is the managing partner of the Elizee Law Firm, an immigration law firm located at 1110 Brickell Avenue, Suite 315, Miami, Florida 33131. The firm was founded in 2012 and is known for its compassionate, results-driven approach to immigration law. Ms. Elizee earned her Juris Doctorate from the University of Miami School of Law and her Master of Laws from the University of Washington School of Law