5 marriages the US won't recognise for visas or green cards, according to USCIS
USCIS says not all legally recognised marriages qualify for US immigration benefits, identifying five categories of unions that are ineligible for visas or green cards.
The excluded marriages include polygamous unions, unconsummated proxy marriages, civil unions, marriages that violate US public policy, and marriages entered into solely for immigration purposes.
USCIS advises applicants, including Ghanaians, to ensure their marriage meets US immigration requirements, as a marriage recognised in another country may still be rejected for immigration purposes.
While many applicants assume that a valid marriage certificate automatically guarantees eligibility for a marriage-based visa or green card, USCIS says this is not always the case.
Under its immigration policy, the agency generally applies the "place-of-celebration" rule, meaning a marriage is considered valid if it was legally performed in the country or jurisdiction where the ceremony took place. A marriage certificate is usually the primary document used to establish the relationship.
However, applicants must also prove that the marriage is genuine and meets US immigration requirements. The responsibility lies entirely with the petitioner to demonstrate that the relationship is authentic and not entered into solely for immigration purposes.
Here are the five types of marriages USCIS does not recognise for immigration benefits, even if they are lawful elsewhere.
1. Polygamous marriages
US immigration law does not recognise marriages involving more than one spouse. Even if polygamy is legal in another country, applicants cannot use such unions to obtain US immigration benefits.
2. Marriages that violate US public policy
USCIS may reject a marriage if it conflicts with the strong public policy of the US state where the couple resides, regardless of whether it is legally recognised elsewhere.
3. Civil unions and domestic partnerships
Civil unions, domestic partnerships and similar legal arrangements are not treated as marriages unless they are recognised as marriages under the laws of the place where they were celebrated.
4. Proxy marriages that have not been consummated
A proxy marriage, where one or both parties are absent during the wedding ceremony, is not recognised unless the couple has subsequently consummated the marriage.
Without proof that the marriage has been consummated, the union cannot be used to support an immigration application.
5. Marriages entered into for immigration purposes
USCIS takes a particularly strict stance on marriages entered into solely to obtain immigration benefits.
Marriages of convenience are among the most closely scrutinised cases during the immigration process, with officers trained to identify relationships that appear to exist only to secure visas or permanent residency rather than reflect a genuine marital relationship.
For Ghanaians and other foreign nationals seeking to immigrate through marriage to a US citizen or lawful permanent resident, understanding these restrictions is essential before submitting an application.
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Although a marriage may be legally recognised under Ghanaian law or the laws of another country, that alone does not guarantee recognition by US immigration authorities.
Applicants whose marriages fall within any of these five categories will not qualify for immigration benefits through that relationship, irrespective of how long they have been married or whether the union is legally recognised in their home country.