Green Card Alert: These Types of Marriages Are Automatically Rejected

The United States Citizenship and Immigration Services (USCIS) has clarified that some marriages recognised as legal in other countries do not qualify for US immigration benefits, including visas and permanent residency.

USCIS said it generally recognises a marriage if it was legally performed under the laws of the country or jurisdiction where the ceremony took place. This "place-of-celebration" principle means a valid marriage certificate is usually accepted as evidence. However, applicants must prove that their marriage is genuine and legally valid under US immigration rules. 

Immigration officers do not have to establish the validity of the relationship. The agency also outlined several exceptions. Polygamous marriages are not recognised for immigration purposes. 

Civil unions and domestic partnerships, even if they are legally recognised in another country, do not meet the federal definition of marriage. Proxy marriages, where one spouse is not present at the ceremony, are only recognised if the couple later consummate the marriage.

USCIS also said marriages entered into solely to obtain immigration benefits are considered fraudulent. Such cases remain a priority for immigration enforcement and can result in serious legal consequences.

The guidance has important implications for applicants from Kenya and other countries. A marriage that is valid under local law may still fail to qualify for US immigration benefits if it does not meet federal requirements. The exclusions apply regardless of how long the couple has been married or whether the union is widely accepted in their home country.

The clarification comes as governments continue to tighten immigration and border policies. Canada has recently introduced restrictions on travellers who have visited the Democratic Republic of the Congo because of concerns over the spread of Ebola. Couples applying for US immigration benefits must ensure that their marriages meet both the legal requirements and the standards set by US immigration law if they wish to qualify for residency.