Same-Sex Marriage Immigration in the U.S.: What Couples Should Know

Since the Supreme Court’s landmark ruling in Obergefell v. Hodges (2015), same-sex marriages are fully recognized under U.S. law. This includes immigration benefits, meaning LGBTQ+ couples now have the same opportunities to build a future together in the United States as opposite-sex couples.

Yet while the law recognizes equality, many couples encounter unique challenges in navigating immigration processes. From proving the authenticity of a marriage to securing documents in countries where same-sex relationships are stigmatized, additional care and strategy are often required.

For same-sex couples, marriage is not just about love; it can also be the key to building a future together in the United States.

Are Same-Sex Marriages Recognized for Immigration?

Yes. U.S. Citizenship and Immigration Services (USCIS) recognizes same-sex marriages as valid if the marriage was legally performed in the jurisdiction where it took place. Importantly:

• The location of the marriage matters, not the couple’s state of residence.
• Immigration benefits apply equally to same-sex spouses, regardless of where they live in the U.S.

Immigration pathways available to same-sex couples include:

• Marriage-Based Green Cards
• Fiancé(e) K-1 Visas
• Derivative Benefits for spouses and children on certain visas
• Naturalization through marriage to a U.S. citizen

See the official USCIS Same-Sex Marriage Policy for details.

Immigration Benefits Available to Same-Sex Couples

Same-sex couples enjoy access to the same immigration benefits as opposite-sex couples, including:

• Marriage-Based Green Cards – A U.S. citizen or lawful permanent resident can sponsor their spouse for permanent residency.
• Fiancé(e) K-1 Visas – For engaged couples planning to marry in the United States.
• Derivative Benefits – In some visa categories, spouses and children of the principal applicant can also be included.
• Path to Citizenship – Spouses of U.S. citizens may apply for naturalization after three years of marriage, instead of the usual five.

Learn more on our Same-Sex Marriage Immigration page, where Brudner Law explains how these benefits apply to LGBTQ+ couples.

Challenges Same-Sex Couples May Face

While the law provides equality, real-world barriers can make the process more difficult for LGBTQ+ couples.

• Country of Origin Issues – If a spouse is from a country that does not recognize same-sex marriage, gathering official documents can be difficult—or even unsafe.
• Evidence of a Bona Fide Marriage – All couples must prove their marriage is genuine. Same-sex couples sometimes face extra scrutiny because immigration officers may be less familiar with their circumstances.
• Fear of Discrimination Abroad – Couples may be hesitant to request documents or affidavits from home countries where same-sex relationships are stigmatized or criminalized.

Brudner Law understands these obstacles and provides tailored strategies to protect clients throughout the process.

Explore our broader Family Immigration Services for more on how we support diverse families.

How to Prove a Real Marriage to USCIS

Whether the marriage is opposite- or same-sex, USCIS requires evidence of a bona fide marriage. This means showing that your relationship is genuine and not solely for immigration benefits.

Strong evidence may include:

• Joint leases, mortgages, or utility bills showing a shared household
• Shared financial accounts or insurance policies
• Photos, travel records, or correspondence over time
• Affidavits from friends and family confirming the relationship

Be prepared for an in-depth marriage interview, where USCIS officers may ask personal questions about your relationship, daily life, and future plans.

Review the USCIS Marriage Interview Guide to better understand this process.

Why Work With an Immigration Lawyer?

While same-sex couples enjoy equal rights under U.S. law, the practical challenges of immigration cases make professional guidance essential. A skilled attorney can:

• Ensure all forms are completed accurately and on time.
• Help you collect the right type of evidence to prove a bona fide marriage.
• Prepare you for the marriage interview process.
• Protect your rights if you encounter discrimination or bias during the process.

At Brudner Law, we combine compassion with strategy to help LGBTQ+ couples feel supported at every step.

FAQs About Same-Sex Marriage Immigration

Can my marriage be recognized if performed abroad?

Yes. As long as the marriage was legally valid where it took place, it will be recognized for U.S. immigration purposes.

Do same-sex couples face longer wait times?

No. USCIS applies the same processing timelines. However, additional documentation challenges may cause delays in some cases.

Can I include my children in the application?

Yes. Stepchildren may qualify if the marriage took place before the child’s 18th birthday.

What if I fear discrimination during the process?

You have rights. Working with an experienced LGBTQ+ immigration lawyer in Orange County ensures you are represented fairly and protected from bias.

Building Your Future Together in the U.S.

Same-sex couples are entitled to the same immigration benefits as opposite-sex couples. Yet even with equal legal recognition, the process can be complex and emotionally challenging.

With experienced guidance, couples can navigate these challenges and move forward with confidence whether pursuing a marriage-based green card, fiancé(e) visa, or naturalization through marriage.

If you’re in a same-sex marriage and pursuing immigration to the U.S., see our same-sex marriage page or contact us for a confidential consultation.