The United States Citizenship and Immigration Services (USCIS) has issued guidance specifying which types of marriages it will not recognise for green card and visa applications, regardless of their legal status in other countries.
USCIS Marriage Validity Criteria
Generally, USCIS accepts marriages that are legally performed in the jurisdiction where the ceremony took place, following the "place-of-celebration" rule. A marriage certificate is the primary proof required to establish the union's validity. However, the onus remains on the applicant to prove that the marriage is genuine and meets USCIS standards.
Marriages Excluded from Immigration Benefits
USCIS explicitly excludes the following five categories of marriages from qualifying for immigration benefits:
- Polygamous marriages: Marriages involving multiple spouses.
- Marriages violating US state public policy: Unions that conflict with strong legal principles in the state where the couple resides.
- Civil unions and domestic partnerships: Relationships not recognised as marriages at the place they were performed.
- Proxy marriages: Marriages where one party was absent during the ceremony, unless the couple has since consummated the marriage.
- Marriages intended to circumvent immigration laws: Those entered into primarily to gain immigration benefits rather than to establish a genuine marital relationship.
The last category is especially scrutinised, as USCIS officers are trained to detect marriages of convenience.
Implications for Kenyan and Other Foreign Applicants
Kenyans and other foreign nationals seeking US immigration through marriage should take note that a legally valid marriage in their home country does not guarantee eligibility for US immigration benefits. Marriages falling into any of the excluded categories will not be accepted for visa or green card processing.
