Supporting LGBTQ+ Couples Through Every Step of the Marriage-Based Immigration Process

Building a Future Together in the U.S.

For LGBTQ+ couples, the right to build a life together in the United States has never been more important — or more complicated. While federal law recognizes same-sex marriage for immigration purposes, many couples still face unique challenges proving their relationship and navigating the system.

At Benach Pitney Reilly Immigration, we provide affirming, strategic immigration representation to LGBTQ+ couples seeking green cards through marriage. Whether your spouse is in the U.S. or abroad, our team has the experience to guide you through each step with confidence and care.

Ready to build your future together in the U.S.?  Contact us today for LGBTQ+-affirming immigration support.

Schedule a Consultation

Who Qualifies for Family-Based Immigration?

U.S. immigration law recognizes same-sex marriages on equal footing with heterosexual marriages — but approval still requires strong legal documentation and cultural sensitivity. Benach Pitney Reilly Immigration helps LGBTQ+ couples navigate eligibility across a range of family-based categories:

✅ Spouses of U.S. Citizens

  • Eligible to apply for lawful permanent residency (green card) without visa wait times
  • May adjust status if already in the U.S.


✅ Spouses of Lawful Permanent Residents (Green Card Holders)

  • Must wait for a visa number to become available under the F2A category
  • Can apply via consular processing or adjustment of status (if eligible)


✅ Stepchildren, Children, and Parents

  • LGBTQ+ parents may sponsor biological or legally adopted children
  • U.S. citizen children (21+) can petition for LGBTQ+ parents


✅ K-1 Fiancé(e) Visas for LGBTQ+ Couples

  • Same-sex couples engaged to be married may qualify for a K-1 visa
  • Your fiancé(e) must marry you within 90 days of entering the U.S.

📌 Even if your marriage is not legally recognized in your home country, it may still qualify under U.S. immigration law.

The Marriage-Based Green Card Process for LGBTQ+ Couples

While the process is similar for all couples, LGBTQ+ individuals often face extra scrutiny or cultural barriers that require careful legal planning.

Step 1: Filing Form I-130 (Petition for Alien Relative)

  • Establishes the bona fide marital relationship between the U.S. citizen/LPR and their spouse.

Step 2: Adjustment of Status or Consular Processing

  • If the immigrant spouse is in the U.S., they may apply for adjustment of status (Form I-485)
  • If abroad, the case proceeds through consular processing via the National Visa Center

Step 3: Marriage-Based Green Card Interview

  • Spouses must demonstrate the legitimacy of their relationship, even if their history or documentation differs from traditional couples.

Step 4: Conditional Green Card (If Married Less Than 2 Years)

  • Couples receive a 2-year conditional green card and must jointly file to remove conditions before it expires.

Step 5: Filing Form I-751 (Petition to Remove Conditions)

  • Proof that the marriage is ongoing and legitimate. LGBTQ+ couples may need to provide creative, culturally sensitive documentation.
Schedule a Consultation

Common Challenges LGBTQ+ Couples Encounter

LGBTQ+ couples often face challenges not experienced by others:

  • Marriage not recognized in country of origin
  • Lack of “traditional” relationship evidence (joint leases, wedding photos)
  • Cultural stigma or trauma impacting ability to speak openly at interviews
  • Increased scrutiny or bias from officers abroad
  • Fear of outing during consular processing in hostile regions
  • Separation or abuse within the marriage triggering conditional residency concerns

Having an attorney who understands these nuances makes a world of difference.

Schedule a Consultation

How can Benach Pitney Reilly Immigration Help LGBTQ+ Couples?

Our legal team brings deep experience and cultural fluency to marriage-based green card cases involving LGBTQ+ couples. We offer:

✅ Petition & Evidence Strategy – We build strong I-130 petitions tailored to the reality of LGBTQ+ relationships.

✅ Interview Preparation – Our team prepares clients for interviews that may involve bias, trauma, or deeply personal questions.

✅ Consular Support for Same-Sex Couples Abroad – We help mitigate risks when consular processing must occur in countries hostile to LGBTQ+ rights.

✅ Removal of Conditions – We help couples file Form I-751 with documentation that reflects the authenticity of their relationship.

✅ Assistance with VAWA – In cases of domestic abuse, we support LGBTQ+ spouses seeking independent immigration relief through VAWA self-petitions.

Schedule a Consultation

Why Partner with Benach Pitney Reilly Immigration?

At Benach Pitney Reilly Immigration, we know firsthand the unique challenges LGBTQ+ couples face when pursuing immigration benefits. As an LGBTQ+-owned law firm, we are proud to offer representation that is not just knowledgeable — but affirming.

🌈 Deep Experience with LGBTQ+ Couples & Families: From fiancé(e) visas to marriage-based green cards and removal of conditions, we’ve seen it all.

🌈 LGBTQ+-Owned and Actively Involved in Advocacy: We don’t just represent the LGBTQ+ community — we’re part of it.

🌈 Compassionate and Culturally Aware Legal Support: We honor your story, your identity, and your love.

🌈 Proven Results in Complex Petitions: We know how to fight — and win — even when cases involve bias, trauma, or non-traditional evidence.

If you’re ready to build your life together in the U.S., we’re ready to help.

Schedule a Consultation

See What Our Clients Say About Us!

""I am beyond grateful for the incredible support I received from my immigration lawyer, Ava Benach, and her amazing team. From the very start, they treated me with kindness, patience, and understanding, making a complex and overwhelming process feel manageable. Despite the challenges of my case, Ava made the impossible possible. She is not only an exceptional attorney but also a compassionate and generous human being who genuinely cares about her clients. Her dedication, expertise, and unwavering support were invaluable to me. I also want to extend my deepest gratitude to Ava’s wonderful colleagues, Ashley and Erica, who were incredibly helpful, meticulous, and always punctual. Their attention to detail and commitment made all the difference, and I truly appreciate their hard work. The level of service I received was worth far more than the fees we paid. Ava’s knowledge and professionalism are unmatched, and I trusted her completely every step of the way. If you need an immigration lawyer who will fight for you while treating you with respect and care, I wholeheartedly recommend Ava Benach and her team. Thank you, Ava, Ashley, Erica, and the entire team, for everything you have done for me!"" - Abdullah K.
""For those of you who need immigration assistance from a kind human soul and an expert lawyer, you don’t need to look further than Ava Benach. I have known Ava since around 2013, and throughout the years, she has been more than just my lawyer—she has been a trusted advocate, a source of strength, and a guiding light during uncertain times. From the very first moment I spoke with her, I felt an immediate sense of trust and reassurance. She listens with genuine care, treats every case with the utmost dedication, and makes sure her clients fully understand their options. Ava’s expertise in immigration law is unmatched. She has an incredible ability to break down even the most complex legal matters, ensuring her clients feel informed and empowered. She is not just a brilliant attorney—she is also a compassionate human being who truly cares about the people she represents. Beyond her legal work, Ava’s dedication to helping others extends to her writing and advocacy. Her blog on naturalized citizenship and denaturalization is just one example of how she takes the time to educate and support not only her clients but also the wider immigrant community. She goes above and beyond to make sure people have the knowledge and resources they need to navigate their journey with confidence. I cannot fully express how grateful I am to have had Ava by my side. She is an exceptional attorney who fights tirelessly for justice while treating her clients with kindness, respect, and unwavering support. If you need an immigration lawyer who is not only highly skilled but also deeply compassionate, Ava Benach is the one to call. Thank you, Ava, for everything you have done for me and for so many others. You are truly making a difference in the world, and I am forever grateful."" - Genet A.
""I am incredibly grateful to Benach Pitney Reilly Immigration for their outstanding support and expertise throughout my immigration case. From the very first consultation, I felt welcomed and assured that I was in good hands. The team was not only knowledgeable but also genuinely caring, taking the time to answer all my questions and explain the process in detail. Ava and Sarah were especially helpful, and they guided me every step of the way, providing clear communication and keeping me updated on progress. Their hard work and dedication made a significant difference in experience. I highly recommend Benach Pitney Reilly Immigration to anyone in need of immigration assistance. They are truly a team of professionals who care about their clients and fight for their success. Thank you once again, Benach Pitney Reilly Immigration !"" - Raymond A.
""I cannot express enough gratitude to Benach Pitney Reilly Immigration. Thanks to your professionalism, dedication, and deep knowledge of immigration law, I now have my green card. From day one, your team demonstrated a genuine commitment to my case, providing not only expert advice but also compassionate support that made all the difference in this important process for me. I wholeheartedly recommend Benach Pitney Reilly Immigration to anyone looking for a reliable, professional and efficient team for immigration matters and thank you. miss sarah pitney for helping me in this long process that gave everything so that i was in the best way thank you for everything"" - Carlos M.
""I cannot express enough gratitude to Benach Collopy LLP. Thanks to their professionalism, dedication, and deep knowledge of immigration law, I now have my green card. From day one, their team demonstrated genuine commitment to my case, providing not only expert advice but also compassionate support that made all the difference in this important process for me. I wholeheartedly recommend Benach Collopy LLP to anyone seeking a reliable, professional, and efficient team for immigration matters. Thank you for changing my life!"" - Alessia O.
""Ava is an immigration powerhouse! Her expertise and commitment to her clients are unmatched. While other lawyers were at a loss, Ava took charge and confidently navigated our case with precision. From day one, she knew exactly what needed to be done and executed it flawlessly. Thanks to Ava’s relentless dedication, we have our green card! She went above and beyond, and we are beyond grateful for her exceptional work. If you need an immigration expert, Ava is the one you want on your side."" - Fede P.
""My Immigration Journey: From Uncertainty to Triumph! I embarked on my immigration journey 5-6 years ago, navigating uncharted waters with little understanding of the complex process. I faced numerous challenges, changed lawyers, and sought answers, but to no avail. That was until I found Benach Pitney Reilly Immigration. Through diligent research, I discovered the right team and was fortunate to have Dree as my initial consultation attorney. She was knowledgeable, empathetic, and provided invaluable guidance, setting the tone for a successful partnership. As my case progressed, I had the pleasure of working with David, who took the reins and expertly navigated me through the remaining process. David, you are a beacon of hope, guidance, and humility. Your selflessness, compassion, and willingness to help are traits that make you an outstanding attorney and an inspiration to many. Under the exceptional guidance of Dree and David, my immigration process transformed from a daunting task to a manageable and successful journey. The entire team's professionalism, empathy, and commitment to excellence are unparalleled. To anyone seeking immigration guidance, I highly recommend Benach Pitney Reilly Immigration. Sofia , David, and the team are the epitome of excellence, and I'm honored to have had the privilege of working with them. Thank you, David and Sofia for being shining examples of what it means to serve with humility and kindness."" - Shoukat A.