Miami Same-Sex Marriage Immigration Attorney

In June 2015, the U.S. Supreme Court ruled in Obergefell v. Hodges that same-sex couples have the same constitutional right to marry as any other couple, and that every state must recognize a marriage performed anywhere in the country. That ruling ended the state-by-state patchwork that once determined whether a same-sex marriage counted for federal purposes, including immigration.

USCIS states that a same-sex marriage is evaluated the same as an opposite-sex marriage for every benefit, including a marriage-based green card, a K-1 fiancé visa, a waiver of inadmissibility, and the path to citizenship for spouses of U.S. citizens. If your marriage is valid where you got married, immigration law treats you as married.

If You Got Married Outside the United States

Immigration law looks at whether your marriage was valid where you got married, not whether your home country recognizes same-sex marriage. If it was legal where you married, whether abroad or in a U.S. state, it counts for immigration purposes even if you live somewhere that wouldn't allow that marriage now.

However, this matters when one spouse comes from a country that still doesn't recognize it. We review where and how you were married before we tell you what it means for your case, since the place of celebration controls the analysis.

Which Immigration Path Fits Your Situation

Your options depend on where each of you stands: married or engaged, together or apart, inside the United States or abroad.

Depending on your situation, we typically build a case around one of the following:

• Marriage-based green card – (adjustment of status). If you're already married and your spouse is inside the United States, we file the petition and the adjustment application together to pursue lawful permanent residency.
• Marriage-based visa – (consular processing). If your spouse lives outside the United States, we petition on your behalf and prepare the case for an interview at a U.S. consulate abroad.
• K-1 fiancé visa – If you're engaged but not yet married and your fiancé is outside the country, this visa lets your fiancé enter the United States to marry within 90 days.
• Removing conditions on a marriage-based green card – If you received a two-year conditional green card through marriage, we prepare the joint petition to remove those conditions before it expires.

Each path runs on a different form and deadline, which is why we map out the sequence before you file.

What USCIS Looks for When It Reviews Your Marriage

USCIS approves a marriage-based case by looking for evidence that the marriage is bona fide (entered into for the relationship, not solely to obtain an immigration benefit). Same-sex couples face the same evidentiary standard and sometimes face extra questions at the interview stage, so your documentation needs to hold up.

Before we file, we help you gather evidence such as:

• Shared finances – Joint bank accounts, leases, or mortgage documents showing you manage your household together.
• Proof of cohabitation – Utility bills, mail, or a lease showing you live at the same address.
• A relationship history – Photos and messages collected across the relationship, from before the wedding onward.
• Affidavits from people who know you – Statements from family or friends who can describe your relationship firsthand.

Because Mr. Revilla spent his early career on the government side of these cases, we know which gaps in a file tend to prompt follow-up questions, and we close those gaps before the interview.

More Than One Law Protects Your Marriage's Recognition

Obergefell settled the constitutional question, and Congress added a second layer of protection. The Respect for Marriage Act, signed into law in December 2022, requires the federal government and every state to recognize a marriage valid where it was performed, regardless of the sex of the spouses, and that statute stands on its own.

In other words, your marriage's recognition doesn't rest on a single court decision. A Supreme Court ruling and a federal statute back it, and USCIS applies the law the same way to every married couple.

Frequently Asked Questions About Same-Sex Marriage Immigration Benefits

Married and engaged couples most often ask the following questions as they work through a marriage-based case.

Does DOMA Still Affect Same-Sex Immigration Cases?

No. The Defense of Marriage Act was already partially struck down in United States v. Windsor in 2013, and Congress repealed it entirely with the Respect for Marriage Act in 2022. Neither law affects how USCIS reviews a same-sex marriage-based case now.

Can a Same-Sex Couple Sponsor a Fiancé for a K-1 Visa?

Yes. A U.S. citizen can petition for a same-sex fiancé the same way they would for an opposite-sex fiancé, as long as the couple intends to marry within 90 days of the fiancé's arrival and meets the other K-1 requirements.

Does It Matter Which State or Country We Got Married in?

It matters only that your marriage was legally valid where it took place. Once that's established, immigration law treats your marriage the same regardless of whether your current state or country of residence recognizes same-sex marriage.

How Long Does a Same-Sex Spouse Green Card Case Take?

Processing time depends on the form involved, whether your spouse is inside or outside the United States, and the caseload at the office handling your file. We give you a realistic estimate after reviewing your situation.

What If My Spouse Already Has a Pending Immigration Court Case?

A pending case in immigration court doesn't automatically stop or resolve a marriage-based petition, since the two proceedings can move on separate tracks. We review them together so the strategy in one doesn't undercut the other.