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Immigration and the validity of your marriage

On Behalf of | May 10, 2022 | Family Immigration |

When it comes to marriage and immigration, you and your spouse could have to go over a number of topics. Whether you have lived abroad with your spouse for many years and the marriage took place overseas or you want to tie the knot and make sure that your husband or wife can live with you in the U.S., it is critical to review various issues in order to ensure that you can move forward with respect to immigration.

For example, the U.S. Citizenship and Immigration Services (USCIS) must deem the marriage valid.

Immigration applicants and invalid marriages

According to the USCIS website, immigration applicants need to prove the validity of their marriage. Typically, the validity of a marriage depends on laws where the marriage occurred, but the USCIS does not recognize some marriages (even if deemed valid in another country). For example, if a marriage violates the public policies of the state the couple resides in or was not recognized as a marriage in the place where the celebration occurred, the USCIS will not recognize it.

Additionally, the USCIS will not recognize polygamous or unconsummated proxy marriages, as well as marriages intended to evade U.S. immigration laws.

Proving the validity of your marriage for immigration

If you wish to move forward with naturalization, you need to provide evidence that proves the validity of your marriage. Applicants must prove their marriage to a U.S. citizen is valid by providing an official civil record or, in some instances, secondary evidence. Make sure you thoroughly prepare for all facets of the immigration process in order to increase your chances of success.