LGBTQ+ Marriage Green Cards: What Same-Sex Couples Need to Know About the U.S. Immigration Process

If you’re in a same-sex marriage and worried about applying for a marriage-based green card under the current Trump administration, you’re not alone. The good news is that nothing has changed in the law—same-sex spouses of U.S. citizens and green card holders still have the same rights as opposite-sex couples when applying for adjustment of status. Unlike in 2016, this time around President Trump did not campaign on restricting or targeting same-sex immigration benefits. That said, same-sex marriage green card cases still require careful and thoughtful preparation to ensure success. At our firm, we specialize in guiding same-sex couples through the adjustment of status process, helping same-sex spouses prove the legitimacy of their marriage with confidence and compassion. If you're in a same-sex relationship and looking to apply for a marriage green card, we’re here to protect your love and your future.

If you’re a U.S. citizen or green card holder, your same-sex spouse is eligible to apply for a marriage-based green card. This allows them to live and work in the U.S., and eventually seek citizenship through naturalization. How the process unfolds depends on your spouse’s current location. If your spouse is abroad, they’ll apply through consular processing in their home country, and if your spouse is in the U.S, they may qualify for adjustment of status. If the country abroad doesn’t recognize same-sex marriage, we file fiance visa cases for those couples as an alternative to a marriage green card case.

If you’re a U.S. citizen, you can generally submit all required forms together (a concurrent filing). Green card holders must follow a slightly different process, submitting forms in sequence based on visa availability.

Unique Obstacles Same-Sex Couples Might Face

Even with equal rights under the law, some parts of the green card process can be trickier for LGBTQ+ couples. Here’s a breakdown of a few common challenges—and how to overcome them.

Demonstrating a Real Relationship

USCIS wants to make sure your marriage is genuine, not just a way to gain immigration status. But proving this can be more complex for same-sex couples, particularly if family rejection has kept your relationship under wraps, OR discrimination fears made you hesitant to share leases, insurance, or financial accounts.

Evidence like shared utility bills, travel photos, joint accounts, and letters from people who know your relationship is real—friends, neighbors, coworkers—can strengthen your case. As a New York City-based family immigration attorney, I can help you tailor your documentation to reflect your unique circumstances.

Validating Your Marriage

For immigration purposes, your marriage must be legally recognized where it took place. If you were married in a location that doesn’t allow same-sex unions, USCIS won’t consider that marriage valid. Civil unions and domestic partnerships—even if recognized in your state—mustn’t count. You must be legally married. A K-1 fiancé visa may be your path forward if your fiance is abroad as it lets your partner come to the U.S. so you can legally marry here, and then you can begin the green card process.

Worries About Bias in Interviews 

Legally, USCIS must treat all applicants the same, and officers are trained in LGBTQ+ sensitivity. But understandably, some applicants worry about encountering bias or being asked inappropriate questions. These concerns are rare, but valid. A qualified immigration lawyer can prepare you for the interview, advocate on your behalf, and ensure your rights are protected throughout.

Previous Marriages to Different-Sex Partners

If you or your spouse were previously married to someone of the opposite sex, USCIS will look into those relationships, not out of judgment, but to assess the legitimacy of your current and past marriages. You’ll need to provide proof that the prior marriage ended (e.g., divorce papers, death certificate) and documentation that it was a bona fide relationship (e.g., photos, joint leases, financial records). This part can feel invasive, but clear documentation and a skilled attorney can help you present a compelling and honest narrative

Do You Need an Immigration Lawyer?

While the law protects your right to apply as a same-sex couple, navigating the process can still be confusing, emotional, and full of unexpected twists. Working with an immigration attorney gives you clarity, confidence, and a clear roadmap forward.

Our team has guided countless same-sex couples through the green card process. We understand the sensitivities and practical challenges involved, and we’re here to support you from day one. Your love is real. Your rights are real. And your future in the U.S. should be, too. Let’s build your future together. Contact us today to start your green card journey with expert, compassionate guidance. We serve clients across all 50 states. Whether you're in New York or beyond, we’re ready to meet you where you are and help you achieve your immigration goals.

FAQs

Can LGBTQ+ couples apply for a marriage-based green card in the U.S.?

Yes. Since the Supreme Court’s decision in United States v. Windsor, same-sex couples have the same green card rights as heterosexual couples under U.S. immigration law.

Will USCIS treat a same-sex marriage the same as a heterosexual marriage?

Legally, yes. However in practice, same-sex couples may face unique challenges such as bias, cultural misunderstanding, or added scrutiny. Working with an LGBTQ+-affirming immigration attorney helps navigate those issues.

Can I apply for a green card if I’m on a student (F-1) or work (H-1B) visa and married to a U.S. citizen?

Yes. If you entered the U.S. legally, you may be eligible for adjustment of status without leaving the country—even if you’re on a temporary visa like F-1, OPT, or H-1B.

What if my spouse is from a country where same-sex marriage is illegal?

USCIS only requires that the marriage be legally valid where it took place. You can marry in the U.S. or another country that recognizes same-sex marriage, and still petition for a green card—even if your spouse's home country does not recognize the union.

Do I need a lawyer to apply for a green card as an LGBTQ+ couple?

You’re not required to, but it’s highly recommended. The marriage green card process is complex, and LGBTQ+ couples may face unique hurdles. An experienced attorney can ensure your application is complete, credible, and filed correctly to avoid costly delays.

Your journey matters to us because we've been there, and we are here to help you every step of the way. Let's make your dream a reality together. With the right approach, the marriage green card process can help you build a future in the U.S. with your spouse while allowing you to achieve your immigration goals. We meet our clients where they are! Should you or your loved one have any questions or need representation, please do not hesitate to contact us. Although we are located in New York City we represent clients all over the 50 states of the US. Call us, email us at info@khunkhunlaw.com or review other options to get in touch with us for an immigration consultation. We have represented many clients with successful results even with the most difficult set of facts.