Love brought you here. Law will help you stay.
Maria met her wife at an Orlando Pride celebration in 2023. Six months later, they married in a small ceremony overlooking Lake Eola. Now Maria, a Brazilian national, wants to build her life in Florida with her American spouse. Like many LGBTQ couples across the Sunshine State, she’s asking the same question: “What do I need to do to stay together?”
If you’re part of an LGBTQ family facing immigration challenges, you’re not alone. Florida is home to one of the largest LGBTQ populations in the country, and thousands of same-sex couples, transgender individuals, and LGBTQ asylum seekers work through the immigration system every year. While federal law now recognizes same-sex relationships for immigration purposes, the process isn’t always straightforward.
Whether you’re sponsoring your spouse for a green card, fleeing persecution in your home country, or bringing your fiancé to the United States, understanding your rights can make all the difference.
Can same-sex couples get marriage-based green cards?
Yes. Same-sex married couples have exactly the same rights as opposite-sex married couples when applying for immigration benefits. This wasn’t always the case. Until 2013, the Defense of Marriage Act prevented the federal government from recognizing same-sex marriages for any purpose, including immigration. That changed with the Supreme Court’s decision in United States v. Windsor, which struck down DOMA and opened the door for LGBTQ families to petition for their spouses.
Two years later, in Obergefell v. Hodges, the Supreme Court required all states to perform and recognize same-sex marriages. These two decisions fundamentally transformed immigration law for LGBTQ couples.
Today, under federal immigration law, U.S. Citizenship and Immigration Services treats same-sex marriage petitions identically to opposite-sex marriage petitions. If you’re a U.S. citizen or lawful permanent resident, you can sponsor your same-sex spouse for a green card through Form I-130, Petition for Alien Relative.
The process works the same way it does for any married couple. Your spouse will need to prove the marriage is genuine, not entered into solely for immigration benefits. You’ll submit evidence like joint bank accounts, lease agreements showing you live together, photos from your relationship, and affidavits from people who know you as a couple.
Special considerations for LGBTQ couples
While the law treats all marriages equally, LGBTQ couples sometimes face unique challenges during the application process. If you or your spouse come from a country where same-sex relationships aren’t accepted or are criminalized, you may have less documentation of your relationship. Perhaps you couldn’t be open about your relationship with family members. Maybe you don’t have photos with extended family because your relationship wasn’t welcomed.
These situations don’t disqualify you from immigration benefits. However, you’ll want to address them directly in your application. If you haven’t met your spouse’s family due to discrimination, explain that. If you’ve had previous opposite-sex marriages, be prepared to show those relationships have ended and to explain your personal journey.
The marriage must be legally valid where it was performed. If you got married in Florida, where same-sex marriage is legal, your marriage will be recognized for immigration purposes. If you married in a country that doesn’t recognize same-sex marriage, the marriage won’t be valid under U.S. immigration law. In that situation, you’d need to get married in a country or U.S. state where same-sex marriage is legal.
What about fiancé visas for same-sex couples?
If you’re engaged to someone of the same sex who lives outside the United States, you can file a K-1 fiancé visa petition. The K-1 visa allows your fiancé to enter the United States, marry you within 90 days, and then apply for adjustment of status to become a lawful permanent resident.
The requirements are the same regardless of gender or sexual orientation. You’ll need to show you’ve met in person within the past two years, you’re both free to marry, and you intend to marry within 90 days of your fiancé’s arrival.
How does asylum work for LGBTQ individuals?
For many LGBTQ people around the world, staying in their home country isn’t safe. In dozens of countries, same-sex relationships are criminalized. In some places, being openly gay, lesbian, bisexual, or transgender can result in imprisonment, violence, or death.
U.S. asylum law offers protection to people who have suffered persecution or have a well-founded fear of future persecution based on their race, religion, nationality, membership in a particular social group, or political opinion. Since 1994, U.S. courts have recognized that LGBTQ individuals can constitute a “particular social group” for asylum purposes.
To qualify for asylum, you must be physically present in the United States or arriving at a U.S. port of entry. You generally need to file your asylum application within one year of your arrival, though exceptions exist for changed circumstances or extraordinary circumstances that prevented timely filing.
Proving your asylum claim
An asylum application requires you to show both that you’re a member of the LGBTQ community and that you face persecution because of your sexual orientation or gender identity. This can be challenging, particularly if you had to hide your identity in your home country to stay safe.
You don’t need to prove same-sex relationships to establish your identity. Many asylum seekers from conservative countries never had the freedom to be open about their sexuality. Affidavits from friends, therapists, community members, or LGBTQ organizations can help establish your identity and the risks you face.
You’ll also need to submit country condition evidence showing that LGBTQ people face persecution in your home country. This can include State Department reports, news articles about violence against LGBTQ people, laws criminalizing same-sex relationships, and reports from human rights organizations.
The persecution must be more than discrimination. You need to show serious harm or threats to your life or freedom. This can include physical violence, rape, imprisonment, death threats, forced marriage, or being disowned by your family in ways that threaten your survival.
Filing deadlines and exceptions
The one-year filing deadline is strict, but several exceptions exist. If you came out as LGBTQ after entering the United States, that constitutes changed circumstances that may excuse a late filing. You must file within a reasonable time after the change, typically within two to three months.
Other changed circumstances could include new laws in your home country criminalizing LGBTQ people, increased violence against the LGBTQ community, or changes in your home country’s government that make it unsafe for you to return.
What happens during the asylum process?
After filing your asylum application using Form I-589, you’ll attend an interview with an asylum officer. The officer will ask detailed questions about your experiences, your identity, and why you fear returning to your home country. You have the right to bring an attorney to this interview.
If the asylum officer doesn’t grant your application, it will be referred to an immigration judge for a hearing in removal proceedings. At this hearing, you’ll have another opportunity to present your case and testify about your experiences.
During the asylum process, you can apply for employment authorization. This typically takes several months to receive but allows you to work legally while your case is pending.
Why Florida matters for LGBTQ immigrants
If you’re living in Florida as an LGBTQ immigrant, you should understand both the protections and challenges you may face here. Florida is home to vibrant LGBTQ communities in cities like Miami, Orlando, Tampa, Fort Lauderdale, and across the state. The state has a long history as a destination for LGBTQ people seeking acceptance and community.
However, Florida’s legal landscape can be complicated. While Florida law prohibits discrimination based on sexual orientation and gender identity in employment, housing, and public accommodations (as recognized by the Florida Commission on Human Relations in 2021), the state continues to see legislative battles over LGBTQ rights.
Local protections vary significantly. Cities including Miami, Orlando, Tampa, Jacksonville, Tallahassee, and others have local ordinances protecting LGBTQ people from discrimination. These local laws now cover approximately 60% of Florida residents.
For LGBTQ immigrants, Florida’s recent immigration enforcement laws also create concerns. In 2025, Florida enacted legislation expanding state and local cooperation with federal immigration enforcement. While these laws don’t change federal immigration protections for LGBTQ people, they can create an atmosphere of uncertainty for immigrant communities.
Can green card holders sponsor same-sex spouses?
Yes, but with longer wait times. While U.S. citizens can petition for their spouses as “immediate relatives” with no waiting for visa availability, lawful permanent residents fall into the family preference category. This means your spouse may need to wait months or years for a visa to become available, depending on their country of origin.
During this waiting period, your spouse typically cannot live in the United States unless they have their own valid visa status. This separation can be difficult, but planning ahead and understanding the timeline can help.
What documents do you need to prove a genuine marriage?
Immigration officers want to see evidence that your marriage is real, not a scheme to obtain a green card. Strong applications include multiple types of evidence:
Financial documents showing shared responsibility matter. Joint bank accounts, jointly owned property, joint credit cards, or documents naming your spouse as a beneficiary on life insurance or retirement accounts all demonstrate financial interdependence.
Living together provides strong evidence of a genuine marriage. A lease or mortgage in both names is ideal. If you don’t live together due to work requirements or other circumstances, you’ll need to explain why and provide evidence that you’re still in a genuine marital relationship.
Photos throughout your relationship, especially at family gatherings or with friends, help show your relationship is recognized by others. If you don’t have photos with certain family members due to discrimination, address this directly.
Affidavits from people who know you as a couple can be powerful. These sworn statements from friends, family members, coworkers, or religious leaders should describe how they know you, how long they’ve known about your relationship, and specific examples of your marriage.
How long does the green card process take?
For immediate relatives of U.S. citizens (including same-sex spouses), the process typically takes between 12 to 18 months. If your spouse is already in the United States, you can file for adjustment of status. If your spouse is abroad, they’ll go through consular processing at a U.S. embassy or consulate.
Green card holders sponsoring spouses face longer timelines due to visa availability limits, often several years depending on the country of origin.
If you’ve been married for less than two years when your spouse receives their green card, they’ll get a conditional two-year green card. Before it expires, you’ll file Form I-751 together to remove the conditions and obtain a 10-year green card.
What if you face discrimination during the immigration process?
While USCIS officers receive training on LGBTQ issues and are expected to treat all applicants professionally, implicit bias can still occur. If you experience inappropriate questioning or treatment during your immigration interview, document what happened and consult with an attorney.
You have the right to be treated with dignity and respect throughout the immigration process. Questions about your relationship should be appropriate and relevant to establishing the genuineness of your marriage, not invasive inquiries into intimate details of your personal life.
Can transgender individuals get marriage-based green cards?
Absolutely. Transgender people have the same right to petition for their spouses as anyone else. The key is that you’re legally married. If your marriage certificate shows you’re married, that’s what matters for immigration purposes.
However, some transgender immigrants face additional scrutiny, particularly if they married before their gender transition or if their gender marker on identity documents doesn’t match across different documents. Having consistent documentation helps, but even with inconsistencies, you can still qualify. You may simply need to provide additional explanation and evidence.
What about children in same-sex relationships?
Children of same-sex couples can be included in immigration applications. If you’re the biological parent of a child, that child is automatically your derivative beneficiary on most family-based petitions. If your spouse legally adopted your biological child, they can also petition for that child.
For children born to same-sex couples through assisted reproduction, establishing the parent-child relationship for immigration purposes may require additional documentation, such as birth certificates, adoption decrees, or DNA testing results, depending on the circumstances.
What happens if your asylum case is denied?
If an asylum officer denies your application, your case will be referred to an immigration judge. You’ll have another opportunity to present your case in removal proceedings. If the immigration judge also denies asylum, you may be able to appeal to the Board of Immigration Appeals.
Even if you don’t qualify for asylum, you might still be eligible for other forms of relief, such as withholding of removal or protection under the Convention Against Torture. These forms of relief don’t provide a path to citizenship like asylum does, but they prevent your removal to a country where you’d face persecution or torture.
Key Takeaways
Getting immigration status as an LGBTQ person in Florida involves the same basic requirements as for anyone else, but with unique challenges that require careful attention. Here’s what you need to remember:
- Same-sex marriages are treated identically to opposite-sex marriages for all immigration purposes
- You can sponsor your same-sex spouse, fiancé, or family member for immigration benefits
- LGBTQ individuals fleeing persecution can apply for asylum based on membership in a particular social group
- You must file asylum applications within one year of arrival, with exceptions for changed or extraordinary circumstances
- Marriage must be legally valid where it was performed to qualify for immigration benefits
- You need substantial evidence proving your marriage is genuine, not entered into solely for immigration benefits
- Local protections for LGBTQ people vary across Florida, with many cities offering stronger protections than state law
- Discrimination during the immigration process is unacceptable, and you have the right to professional, respectful treatment
Frequently Asked Questions
Do I need to prove my sexual orientation or gender identity to immigration officials?
Not directly in most cases. For marriage-based petitions, what matters is proving your marriage is genuine. For asylum, you’ll need to establish your LGBTQ identity as part of showing you’re a member of a persecuted group, but this doesn’t require intimate personal details.
What if my home country doesn’t allow same-sex marriage?
You can still marry in the United States or another country that recognizes same-sex marriage. As long as your marriage is legal where it was performed, it will be recognized for U.S. immigration purposes.
Can I bring my partner to the United States if we’re not married?
Generally, no. U.S. immigration law doesn’t recognize domestic partnerships, civil unions, or unmarried couples for family-based immigration benefits. You’ll need to either get married or pursue a fiancé visa.
What if I’m already in the United States without legal status?
If you’re married to a U.S. citizen, you may be able to adjust status to get a green card even if you entered without inspection or overstayed a visa. The rules are complex and depend on how you entered. If you’re married to a green card holder, the rules are stricter. Consult with an attorney before taking any action.
How much does the immigration process cost?
Filing fees vary by application type. For example, Form I-130 (Petition for Alien Relative) costs $675, and Form I-485 (Application to Register Permanent Residence or Adjust Status) costs $1,440. Additional costs include medical examinations, translation of documents, and potentially travel costs. Attorney fees are separate.
Can I work while my application is pending?
This depends on your situation. Asylum applicants can apply for employment authorization. People adjusting status from within the United States can apply for a work permit that typically arrives within several months. Fiancés on K-1 visas cannot work until after they marry and apply for adjustment of status.
What happens if we get divorced during the green card process?
If you divorce before your spouse obtains their green card, the petition is generally denied. If you divorce after your spouse receives a conditional green card but before filing to remove conditions, your spouse may still be able to proceed by requesting a waiver. Situations involving domestic violence or abuse have special protections.
How long do I need to stay married to sponsor my spouse?
You must be legally married at the time you file the petition and throughout the process. If you received a conditional green card, you’ll need to remain married and living together to file jointly to remove conditions, though waivers exist for situations involving abuse or other qualifying circumstances.
Contact Us
Your family deserves to be together. Whether you’re starting the process of sponsoring your spouse, applying for asylum, or facing unexpected challenges with your immigration case, you don’t have to figure it out alone.
Our firm has helped countless LGBTQ families achieve their immigration goals. We understand the unique challenges you face, and we’re here to guide you through every step of the process. From your first consultation through your final interview, we’ll work tirelessly to help you build a strong case and secure your future in Florida.
Ready to take the next step? Reach out to us today for a consultation. Let’s talk about your situation, your goals, and how we can help you create the future you and your family deserve. Your story matters, and we’re here to help you tell it.