Getting married to a US citizen does not automatically mean a marriage will qualify for immigration purposes.
The US Citizenship and Immigration Services (USCIS) generally determines whether a marriage is legally valid based on the law of the place where the marriage took place.
In most cases, a valid marriage certificate serves as initial evidence that the marriage was legally performed. However, USCIS does not recognise certain relationships as marriages for immigration purposes, even when they are considered valid where the ceremony took place.
Here are five types of marriages that may not qualify:
1. Polygamous marriages
USCIS does not recognise polygamous marriages for immigration purposes.
This means a marriage involving more than two spouses will generally not qualify for immigration benefits, even if the arrangement is legally recognised in the place where the marriage occurred.
2. Marriages that violate strong public policy
Certain marriages may not be recognised if they conflict with the strong public policy of the state where the couple resides.
Therefore, simply having a marriage certificate does not necessarily guarantee recognition for US immigration purposes.
3. Civil unions and domestic partnerships
Civil unions, domestic partnerships and similar relationships may not qualify as marriages for immigration purposes if they are not legally recognised as marriages in the place where they were established.
Applicants seeking immigration benefits based on a relationship must generally demonstrate that they have a legally recognised marriage.
4. Proxy marriages that have not been consummated
A proxy marriage occurs when one or both parties are not physically present at the marriage ceremony.
USCIS generally does not recognise such marriages unless the marriage has subsequently been consummated. This means couples relying on a proxy marriage may need to provide evidence that the requirement has been met.
5. Marriages entered into to evade US immigration laws
USCIS does not recognise marriages entered into for the purpose of circumventing or evading US immigration laws.
A marriage must be genuine and legally valid. Entering into a marriage solely to obtain an immigration benefit can lead to serious immigration consequences.
Vanguard News
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