Are same-sex marriages really treated the same for green cards?

Yes. Since 2013, USCIS has processed same-sex spousal petitions under identical rules, forms, and standards as different-sex marriages. There is no separate category and no separate fee. The sex of the spouses is legally irrelevant to whether the marriage qualifies for a green card.

We married abroad. Does the U.S. recognize it?

Generally yes, if the marriage was valid where it was celebrated. A same-sex couple who married in any country or U.S. state that permits it qualifies, even if the foreign spouse's home country does not recognize the marriage. The place of celebration controls, not the couple's country of origin.

What if my family does not know about the relationship?

Many LGBTQ applicants are not out to their families or have been rejected by them. That is common and manageable. We build the record with friends' affidavits, a documented chosen family, community involvement, and a candid explanation, so the absence of in-law evidence does not read as a gap in a genuine marriage.

My spouse comes from a country that criminalizes being gay. Is that a problem?

It does not disqualify your marriage — you still qualify under the place-of-celebration rule. It can, however, make consular processing in that country uncomfortable or unsafe, which is one reason couples already in South Florida often prefer adjustment of status. If persecution is a concern, asylum may also be relevant, and we would evaluate both paths together.

Can I pursue both a marriage green card and LGBTQ asylum?

Sometimes, but the two tracks have different rules and deadlines, and statements in one can affect the other. Asylum generally must be filed within one year of arrival, with exceptions. Because sequencing and consistency matter, this should be planned with a lawyer rather than filed piecemeal.

Will my spouse get a conditional or permanent green card?

If your marriage is under two years old when residence is granted, the foreign spouse receives a two-year conditional card and must later file Form I-751 to remove conditions. Married two or more years at that point yields a ten-year card. Same-sex couples follow the identical rule.

How much is the initial consultation?

Our initial strategy session is a paid consultation of $200 for 20 minutes, and that fee is credited toward your retainer if you decide to engage our firm. In that session we review your specific facts and give you a clear recommendation on your path to a marriage green card. Call (305) 315-3425 or email fitenkolaw@gmail.com to schedule.

Same-Sex & LGBTQ Marriage Green Cards in Miami (2026)

Same-sex marriage green cards in Miami: equal federal treatment, bona fide marriage evidence, unique LGBTQ documentation, and an asylum note. Call (305) 315-3425.

Fitenko Law PLLC, 600 Three Islands Blvd, Hallandale Beach, FL 33009. Phone: (305) 315-3425. Email: fitenkolaw@gmail.com

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