Are Foreign Marriages Acceptable by USCIS for Green Card Purposes? Your Ultimate Guide

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Picture of Shawn Sedaghat, Esq.

Shawn Sedaghat, Esq.

If you’re married to someone from another country and wondering if your foreign marriage is acceptable for U.S. immigration purposes, you’re in the right place. Whether you’re a U.S. citizen or a green card holder, understanding how foreign marriages work for green card purposes is crucial. Let’s break it down step by step in the easiest way possible.

 

USCIS has specific guidelines when it comes to recognizing foreign marriages, and this guide will help you understand those rules, what counts as a legally valid marriage, and how you can apply for a green card for your spouse.

Are Foreign Marriages Acceptable by USCIS?

Yes! Foreign marriages are generally acceptable by USCIS for green card purposes if they are valid in the country where the marriage occurred. This is known as the place-of-celebration rule. It means that if your marriage was valid in the country where it took place, it’s also valid for U.S. immigration purposes.

 

However, there are some exceptions. USCIS does not recognize certain types of marriages, even if they are legal in the country where the marriage took place. These include:

  • Polygamous marriages
  • Proxy marriages (unless the marriage was later consummated)
  • Civil unions or domestic partnerships (not recognized as marriages under U.S. immigration law)
  • Marriages entered solely for the purpose of immigration

If your marriage falls under any of these categories, it may not be accepted for your green card application.

What Do You Need to Prove a Foreign Marriage is Valid?

To prove that your foreign marriage with a U.S. citizen is valid for USCIS purposes, you will need to provide a certificate of marriage from the country where the marriage took place. This document serves as the primary proof that your marriage is legitimate. You will also need to provide additional evidence that your marriage is bona fide, meaning it’s a real marriage and not one just for immigration benefits.

Documents You Might Need:

  1. Marriage certificate (the official document from the country where you were married with the U.S. citizen).
  2. Proof of termination of any previous marriages (if applicable), such as divorce decrees.
  3. Evidence of shared life, such as joint bank accounts, utility bills, photos, and affidavits from friends or family.
a couple of people sitting at a table with a document

What Happens If I Got Married in a Country that Doesn’t Recognize Same-Sex Marriage?

Great question! If you’re in a same-sex marriage with a U.S. citizen and got married in a country that does not legally recognize such unions, you can still file for a green card based on your marriage as long as the marriage was performed in a country that does recognize it. For example, if you are now living in a country that doesn’t recognize same-sex marriages, but you got married in a country that does, your marriage is still valid for U.S. immigration purposes.

If you face any concerns or challenges due to the legalities of your foreign marriage, it’s always a good idea to consult with an experienced immigration attorney who can guide you through the process.

 

How Does USCIS Determine the Validity of Foreign Marriages?

USCIS follows the place-of-celebration rule, which means that the validity of your marriage is determined by the laws of the country where the marriage took place. This is generally straightforward, but there are a few complications to consider.

 

Factors USCIS Considers:

  • Legality of the marriage in the country where it occurred: Was the marriage with the U.S. citizen legal under the laws of the country where it took place?
  • Marital status at the time of the wedding: Were both parties legally free to marry, or was one of you still married to someone else?
  • Validity of divorce or annulment: If either spouse was previously married, USCIS will check if the prior marriage was properly terminated through a legal divorce or annulment.

Polygamous and Proxy Marriages:

Even if polygamy is legal in the country where your marriage occurred, USCIS does not recognize polygamous marriages for green card purposes. Similarly, proxy marriages—where one or both parties were not physically present—are not recognized unless the marriage was later consummated.

 

If you’re uncertain about the validity of your marriage under U.S. law, an immigration lawyer can help you understand your specific situation.

Can I Apply for a Green Card if I’m Already Married Abroad?

Yes, if you’re a U.S. citizen or a green card holder, you can file for a green card for your spouse even if you got married abroad. Here’s how it works:

 

  1. If You’re a U.S. Citizen: You will file Form I-130 (Petition for Alien Relative) for your spouse. Once that’s approved, your spouse can apply for an immigrant visa at the U.S. consulate in their home country. After entering the U.S. with the visa, they will receive their green card.
  2. If You’re a Green Card Holder: The process is similar, but there may be a longer wait time for visa availability because your spouse won’t be considered an “immediate relative” like spouses of U.S. citizens are. Your spouse may need to wait until a visa number becomes available before they can file for a green card.

Temporary Visas While Waiting

If you’re waiting for your spouse’s green card application to be processed, they may be able to come to the U.S. on a temporary visa such as a K-3 visa. This allows them to live and work in the U.S. while waiting for their immigrant visa to be processed.

 

However, you must consult with an experienced immigration attorney to see if this option is right for your situation.

The Green Card Application Process for Foreign Marriages

The Green Card Application Process for Foreign Marriages

Once your foreign marriage with a U.S. citizen is deemed valid by USCIS, the application for a green card procedure begins. Here’s a quick rundown:

 

  1. File Form I-130: This form establishes the relationship between you (the U.S. citizen or green card holder) and your spouse.
  2. Submit Supporting Documents: This includes the certificate of marriage, proof of any prior divorces or annulments, and evidence that your marriage is bona fide.
  3. Consular Processing: If your spouse is living abroad, they will go through consular processing at the U.S. embassy or consulate in their country.
  4. green card Approval: After the application is approved and all interviews are completed, your spouse will receive their green card and will officially be one of the many marriage green card holders.

Things to Remember:

Are Common Law Marriages Recognized for Green Card Purposes?

If you were married through common law in a country or U.S. state that recognizes common law marriages, USCIS may accept this as a valid marriage for green card purposes. However, you must provide strong evidence that your common law marriage meets all legal requirements in the place where it was established.

 

Some Documents to Prove a Common Law Marriage:

What If My Marriage Was Not Valid?

If your foreign marriage was not valid (for example, if one spouse was still married to someone else or the divorce wasn’t finalized), USCIS will not recognize the marriage for green card purposes. You must ensure that all previous marriages have been legally dissolved before applying for a green card for your current spouse.

Conclusion

In summary, foreign marriages are generally acceptable for USCIS green card purposes if they are valid in the country where the marriage occurred. However, certain types of marriages—like polygamous marriages or marriages solely for the purpose of immigration—are not recognized by USCIS.

 

Make sure you provide all necessary documentation, including your certificate of marriage, and consult with an experienced immigration attorney if you have any questions or concerns about your green card application.

 

FAQs

  1. Is a foreign marriage automatically valid for a green card?

    A foreign marriage is valid for a green card as long as it is valid in the country where the marriage took place.
  2. Can I file for a green card if I married abroad?

    Yes! Whether the concerned parties are U.S. citizens or green card holders, you can apply for a green card for your spouse if you got married abroad.
  3. Do proxy marriages count for green card purposes?

    Proxy marriages are only recognized by USCIS if they were later consummated. Otherwise, they are not valid for green card purposes.
  4. What happens if my foreign marriage was not valid?

    If your foreign marriage was not valid, USCIS will not accept it for an application for a green card . You will need to correct any legal issues, such as finalizing a prior divorce.
  5. Can my spouse come to the U.S. on a temporary visa while waiting for their green card?

    Yes, your spouse can apply for a temporary visa, such as a K-3 visa, while waiting for their green card.
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