LGBTQ+ Love and Immigration

For LGBTQ+ couples, the journey to U.S. immigration has had its challenges, but thanks to progress in legal rights, same-sex partners now have the same immigration opportunities as heterosexual couples. Still, navigating the process can be tricky, so here’s what you need to know.

LGBTQ+ Marriages and U.S. Immigration

The good news? Since the 2013 Supreme Court decision in United States v. Windsor, LGBTQ+ marriages are fully recognized for immigration purposes. That means if you’re legally married, your foreign spouse can apply for a green card just like any other couple.

To qualify, you must:

• Have a legally recognized marriage (performed in a country or U.S. state where same-sex marriage is legal).

• Provide proof of a genuine relationship, including joint finances, shared living arrangements, and photos together.

• Meet all other general immigration requirements (such as financial sponsorship).

  
  

The Fiancé(e) Visa Option

Not married yet? If your partner is abroad, you can apply for a K-1 fiancé(e) visa, which allows them to enter the U.S. so you can marry within 90 days. After the wedding, they can apply for a green card.

The requirements include:

• Proof that you’ve met in person within the last two years.

• Evidence of a legitimate relationship (photos, messages, travel history, etc.).

• Intent to marry within 90 days of arrival.

  
  

Facing Discrimination in Certain Countries

Unfortunately, many countries still criminalize LGBTQ+ relationships, making it dangerous—or even impossible—to marry there. If you and your partner are in such a situation, you may need to explore:

• Marriage in a third country that recognizes same-sex unions.

• Humanitarian options through legal aid organizations specializing in LGBTQ+ immigration cases.

  
  

Proving a Bona Fide Relationship

USCIS officers want to ensure your marriage isn’t just for immigration purposes. Some LGBTQ+ couples face extra scrutiny, especially if they’re from countries where same-sex relationships are not widely accepted. To strengthen your case:

• Show evidence of family and friend support.

• Provide documentation of your relationship history.

• Be prepared to explain cultural differences in cases where LGBTQ+ relationships are not openly recognized.

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Seeking Legal Assistance

While immigration laws have become more inclusive, challenges still exist. Working with an experienced immigration attorney can help ensure a smooth process and avoid unnecessary delays or denials.

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. Phone 305-371-8846. The law firm was established in 2012. Ms. Elizee earned her Juris Doctorate at the University of Miami School of Law and her Masters in Law from the University of Washington School of Law.