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.

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.

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.

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.

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.

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