Marriages Not Accepted for US Immigration Benefits
As a Miami immigration lawyer, I sometimes receive questions from clients regarding the types of marriages that are not acceptable for immigration benefits. This is a very good question. So, what kinds of marriages are unacceptable for immigration purposes? Below are some marriages that are not unacceptable for immigration benefits.
1. Common Law Marriage
A common law marriage is a marriage whereby the couple lives together for a period of time and holds themselves out to friends, family, and the community as “being married,” but never goes through a formal ceremony or gets a marriage license.
Please be aware that common law marriage will not be accepted for immigration purposes unless it is recognized as legal in the jurisdiction of residence or last residence. If you should have any additional questions about common law marriage, please be sure to speak with an immigration lawyer.
2. Customary Marriage
A customary marriage is one that is not performed according to the legal proceedings of local civil authorities but rather according to local custom. Please be aware that a customary marriage may not suffice for immigration purposes.
However, if the civil authorities in the place where the marriage was performed recognize it, it may be considered a valid marriage for immigration purposes. You should speak with a Miami immigration lawyer if you have any questions about this.
3. Polygamous Marriage
A polygamous marriage is one in which an individual has more than one spouse at one time. Please note that a polygamous marriage is never recognized as a valid marriage. However, family members of the first marriage of a polygamous family may enjoy their immigration benefits if the benefits have already been conferred. Again, you may want to check with an experienced Miami immigration lawyer to obtain more information.
4. Incestuous Marriage
Incestuous marriage is defined as a marriage between close family members. The validity of incestuous marriage depends on the law of the state where the parties intend to reside.
In a state where an incestuous marriage is regarded as a crime, the incestuous marriage is not accepted for immigration purposes, even if this marriage was legally contracted somewhere else. If this situation applies to you, you may want to speak with a Miami immigration attorney for more information.
5. Proxy Marriage
A proxy marriage occurs when the parties are not physically present during the marriage ceremony. In general, USCIS will not consider a marriage valid unless both people are present at the marriage ceremony or the marriage is subsequently consummated. This is to prevent marriage by proxy and “mail-order” marriages.
Mail-order marriages, however, are still allowed if the couple met personally at least once within two years of applying for a fiancé visa (K-1) petition. The petitioner must prove that the couple spent time together and that there was ongoing communication between the two before filing the petition.
However, a party of an unconsummated proxy marriage may enjoy immigration benefits as a fiancé, such as applying for a K-1 visa, if the opposite party is a U.S. citizen. You may want to speak with a Miami immigration lawyer if you have any questions about this.
6. Fraudulent Marriage
A fraudulent marriage is one entered into solely to obtain immigration benefits. USCIS will not grant any immigration benefits to a person who enters into a fraudulent marriage. If caught, both parties can face serious legal and immigration consequences.
It’s important to note that even if you are on a valid marriage-based Green Card, USCIS has the right to investigate and determine if any fraud or misrepresentation is involved. In such cases, it’s crucial to have an experienced immigration lawyer on your side to navigate through the legal process and protect your rights.
Note: A 2015 Supreme Court case (Obergefell) has legalized same-sex marriage in all 50 states. As such, legally married same-sex couples are eligible to receive immigration benefits. For more information, please read this article or speak with an immigration lawyer.
Contact the Law Office of Tatiane M. Silva, P.A., for Immigration Assistance
If you have any questions or concerns about the validity of your marriage for immigration benefits, don’t hesitate to reach out to an experienced Miami immigration lawyer. At the Law Office of Tatiane M. Silva, P.A., we have extensive experience handling marriage-based Green Card cases and will provide you with personalized, effective legal representation every step of the way.
Contact us at (305) 895-2500 or schedule a consultation online to discuss your case today. We are here to help you and your family with all of your immigration needs!