USCIS warns five types of marriage do not qualify for US visas or green cards

US immigration authorities have identified five categories of marriages that cannot be used to obtain visas or green cards, even when the unions are legally recognised in another country.

US Citizenship and Immigration Services (USCIS) says the excluded categories are polygamous marriages, proxy marriages that have not been consummated, civil unions and similar arrangements, marriages that conflict with US public policy, and relationships entered into solely to secure immigration benefits.

The warning is particularly relevant to Ghanaians and other foreign nationals seeking to move to the United States through marriage to a US citizen or lawful permanent resident.

Many applicants assume that a valid marriage certificate automatically establishes their eligibility for a marriage-based visa or green card. USCIS says that is not necessarily the case.

Under the agency’s immigration policy, the “place-of-celebration” rule generally applies. This means a marriage is normally considered valid if it was legally conducted in the country or jurisdiction where the ceremony took place. A marriage certificate is usually the main document used to prove that the relationship exists.

However, applicants must also show that the marriage is genuine and satisfies US immigration requirements. The petitioner carries full responsibility for demonstrating that the relationship is authentic and was not created simply to obtain immigration status.

The five categories of marriage excluded from immigration benefits are:

– Polygamous marriages: US immigration law does not recognise a marriage involving more than one spouse. A union may be lawful in another country where polygamy is permitted, but it cannot be used to obtain US immigration benefits.

– Marriages against public policy: USCIS can refuse to recognise a marriage if it conflicts with the strong public policy of the US state where the couple lives, even if the union was legally recognised in another country.

– Civil unions and domestic partnerships: Civil unions, domestic partnerships and comparable legal arrangements are not treated as marriages unless the law of the place where they were established recognises them as marriages.

– Unconsummated proxy marriages: A proxy marriage takes place when one or both partners are absent from the wedding ceremony. USCIS will not recognise such a marriage unless the couple later consummates the relationship. Applicants must provide proof that the marriage has been consummated before it can support an immigration application.

– Marriages entered into for immigration purposes: USCIS applies particularly close scrutiny to marriages of convenience. Immigration officers are trained to identify relationships that appear to have been created only to obtain a visa or permanent residency, rather than to establish a genuine marital relationship.

For Ghanaians and other applicants, understanding these restrictions before submitting an application is essential. A marriage recognised under Ghanaian law, or under the law of any other country, does not automatically guarantee acceptance by US immigration authorities.

Applicants whose marriages fall into any of the five categories will not qualify for immigration benefits through that relationship, regardless of how long they have been married or whether their union is legally valid in their home country.