US Lists The 5 Marriages That Don't Qualify for Green Cards and Visa Applications
- The US Citizenship and Immigration Services published guidance on marriages it refuses to recognise for immigration purposes
- USCIS listed five categories of unions that disqualify applicants from marriage-based visa or green card eligibility
- Foreign nationals, including Kenyans, whose marriages fall into the excluded categories cannot use them to obtain US residency
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The US Citizenship and Immigration Services (USCIS) has released official guidance spelling out the types of marriages it will not recognise when adjudicating visa or green card applications, even where those unions are considered lawful in the country where they were conducted.
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How USCIS assesses marriage validity
As a general principle, USCIS follows what is referred to as the place-of-celebration rule. Under this framework, a marriage is treated as valid for immigration purposes if it was lawfully performed according to the laws of the jurisdiction in which the ceremony took place, with a marriage certificate serving as the primary supporting document.
That said, the burden of proof falls entirely on the applicant. Every person petitioning through a marriage-based route must demonstrate that a valid, genuine marriage exists with their US citizen spouse for the required duration.
The 5 categories USCIS refuses to recognise
Despite the latitude offered by the place-of-celebration rule, USCIS draws firm boundaries around five specific types of relationships that will not count as marriages for immigration purposes, regardless of their legal standing elsewhere:
- 1. Polygamous marriages
- 2. Marriages that violate the strong public policy of the US state where the couple resides
- 3. Civil unions, domestic partnerships, or similar arrangements not recognised as marriages in the place where they were performed
- 4. Proxy marriages, where one party was absent during the ceremony, unless the marriage has since been consummated
- 5. Marriages entered into specifically to evade US immigration laws
The fifth category carries particular weight in practice. Marriages of convenience rank among the most frequently flagged concerns during immigration proceedings, and USCIS officers receive specific training to identify unions that appear designed to secure immigration benefits rather than reflect a genuine shared life.
What this means for foreign nationals
For Ghanaians and other foreign nationals seeking to join a US citizen spouse through marriage-based immigration, understanding these exclusions is critical before filing any petition.
A marriage that is entirely legal under Ghanaian law, or the law of any other country, does not automatically translate into immigration eligibility in the United States.
Applicants whose marriages fall into any of the five excluded categories will not be able to use that relationship to obtain a visa or permanent residency, regardless of how long the union has lasted or how it is regarded under local legislation.
US puts 50 countries on visa bond list
Earlier, YEN.com.gh reported that the US had permanently adopted a visa bond scheme that targets travellers from 50 countries, including Nigeria and 29 other African nations.
The new policy indicates that eligible B1/B2 visa applicants from affected countries may be directed by a consular officer to pay a refundable bond before receiving their visas.
The bond amounts range from $5,000 to $15,000, and paying it does not guarantee that a visa will be issued.
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Source: YEN.com.gh
