US Lists 5 Unions That Do Not Qualify as Valid Marriages for Immigration

US Lists 5 Unions That Do Not Qualify as Valid Marriages for Immigration

  • USCIS has published official guidance outlining the categories of unions it refuses to accept as valid marriages for immigration purposes
  • The policy applies to applicants seeking naturalisation or immigration benefits through marriage to a US citizen, regardless of where the union was formed
  • Polygamous marriages, proxy marriages, and civil unions are among the five categories USCIS says it will not recognise under federal immigration rules

The United States Citizenship and Immigration Services (USCIS) has published formal guidance identifying five categories of relationships that it will not recognise as valid marriages when processing immigration and naturalisation applications.

The guidance is contained in Volume 12, Part G, Chapter 2 of the USCIS Policy Manual, which governs marriage and marital unions as they relate to naturalisation eligibility.

USCIS marriage policy, immigration benefits, valid marriages, naturalisation applications, polygamous marriages, proxy marriages, civil unions, domestic partnerships, marriage certificates
USCIS outlines five relationship categories it does not recognise as valid marriages for immigration, affecting naturalisation and immigration benefits. Photo credit: Getty Images
Source: Getty Images

What USCIS will not accept as a valid marriage

Under standard USCIS procedure, a marriage is generally assessed according to the laws of the jurisdiction in which the ceremony was performed. However, the agency has carved out specific exceptions where it will refuse to acknowledge a union despite its legal standing elsewhere.

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According to the USCIS Policy Manual, the five excluded categories are: polygamous marriages; certain marriages that conflict with the strong public policy of the state in which the couple resides; civil unions, domestic partnerships, and similar arrangements that are not formally classified as marriages in the place where they were formed; proxy marriages where one party was absent during the ceremony, unless the marriage has subsequently been consummated; and relationships entered into solely to circumvent US immigration laws.

The exclusions mean that applicants whose relationships fall into any of these categories will not be able to use those unions as the basis for immigration benefits or naturalisation, regardless of how they are treated under foreign or state law.

Burden of proof falls on the applicant

USCIS places the full responsibility for establishing the validity of a marriage on the applicant. The person seeking immigration benefits must demonstrate that a genuine and legally recognised marriage exists with a US citizen spouse for the required duration.

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In most cases, a marriage certificate is treated as sufficient initial evidence that the union was properly conducted. The place-of-celebration rule continues to apply broadly across the agency's process, meaning a marriage that meets the legal requirements of the jurisdiction where it was performed will generally be accepted.

The five exceptions listed above represent the specific circumstances where US federal immigration policy overrides that general principle.

The publication of this guidance clarifies the legal thresholds applicants must meet and the types of arrangements that will not satisfy those requirements when seeking immigration or naturalisation benefits through marriage.

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The couple have been married for 34 years, with Mahama taking to social media to describe the First Lady as his anchor and source of strength.

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Source: YEN.com.gh

Authors:
Philip Boateng Kessie avatar

Philip Boateng Kessie (Head of Human Interest Desk) Philip Boateng Kessie is the Head of the Diaspora Affairs Desk at YEN.com.gh, where he has worked since 2022. He has over eight years of journalism experience and holds a bachelor's degree in Communication Studies from the University of Cape Coast. Philip previously served as Head of the Human Interest Desk at YEN.com.gh and has also worked as a reporter for Graphic Communications Group Limited (GCGL) and a content writer for Scooper News. He also holds certificates in Advanced Digital Reporting and Fighting Misinformation. Email: philip.kessie@yen.com.gh