This hardship can take many forms, but for many victorious couples the core of their argument lies in the children they are raising together. Couples with children are also more likely to earn income unequally, and a stay-at-home parent has a powerful argument in the loss of income that would attend the breadwinner's removal. Statistically, a same-sex couple is less likely to have children and therefore less likely to have these arguments available.
Also, opposite-sex couples routinely invoke the support of family members and the strength of their ties. Tragically, many LGBT individuals have family members who reject their marriage or have even shunned them altogether.
Same-sex couples must focus their attention on their own unique characteristics. Does the U.S. spouse have a history of abuse, bullying, social isolation, family rejection? That can be an extreme hardship that would be exacerbated by the thwarting of a love that has been criminalized and vilified for centuries. Is the home country of the foreign spouse dangerous for LGBT persons? Will it recognize their marriage? The progress in LGBT rights in Mexico and other Latin American countries has had the unfortunate side effect of weakening such arguments, but advocates must make clear that rights in the legislature and courtroom do not always translate to rights or even physical safety out on the streets.
Yes, the provisional waiver is available to same-sex couples, but the strategy must be tailored to a slightly different fit.