Your question omits an essential bit of information, namely, how did you come to the U.S. You said that you were approved for DACA relief. An overwhelming majority of DACA applicants in our practice came to the U.S. illegally. So, assuming that you belong to that majority, you need to know that, to be eligible to adjust status as a spouse of a U.S. citizen (or permanent resident) you need legal entry - meaning that adjustment is not possible unless you originally entered the U.S. with a visa and were inspected and admitted in the country. If this assumption is wrong and you, in fact, did enter the U.S. legally, you should discuss with an immigration attorney your prospects for adjustment of status as a spouse in a same-sex marriage (because the Immigration Service continues to give very hard time to applicants in same-sex marriage cases). Otherwise, you will have to wait for the Congress to change the immigration law.
Answered on Nov 05th, 2013 at 8:50 PM