US green cards: 5 types of marriages do not qualify for immigration benefits
The US Citizenship and Immigration Services (USCIS) has clarified that a marriage legally performed abroad is not always accepted for US immigration purposes. The agency said some marriages cannot be used to obtain a green card or family-based visa.
The guidance is important for people applying for permanent residency through a US citizen or a lawful permanent resident spouse. USCIS said applicants must meet all legal and immigration requirements before receiving any benefits.
In most cases, USCIS follows the “place-of-celebration” rule when reviewing a marriage. This means a marriage is usually recognised if it was legally performed under the laws of the country or area where the wedding took place.
Applicants are generally required to submit an official marriage certificate as proof. However, USCIS said the responsibility of proving that the marriage is both legal and genuine belongs to the applicant.
Immigration officers also examine whether the relationship is real and not created only to receive immigration benefits. They carefully review each case before making a final decision.
According to USCIS policy, five types of marriages are not accepted for US immigration benefits. These include polygamous marriages involving more than one spouse and marriages that violate the strong public policy of the US state where the couple lives.
The policy also excludes civil unions, domestic partnerships and similar legal arrangements that are not recognised as marriages where they were performed. Such relationships cannot be used to support a green card application.
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USCIS also does not recognise proxy marriages in which one spouse was absent during the wedding ceremony unless the marriage has later been consummated. Another excluded category includes marriages entered into mainly to avoid US immigration laws or obtain immigration benefits through fraud.
The agency said marriage fraud remains one of the most serious immigration violations. Officers review shared finances, living arrangements, photographs, travel records and other documents to confirm that a marriage is genuine.
Applications based on fraudulent marriages can be rejected. In some cases, applicants may also face removal proceedings or criminal penalties under US law.
USCIS reminded international applicants that a marriage recognised in their home country does not automatically qualify them for a US green card or spouse visa. Those whose marriages fall under any excluded category cannot use that relationship to receive US immigration benefits.
The updated guidance highlights that legal marriage alone is not enough for US immigration benefits. Applicants must also prove that their relationship is genuine and meets all USCIS rules before a green card or spouse visa can be approved.
