If you are U.S. citizen or have lawful permanent residents and want to apply for an immigrant visa for your spouse, you must meet certain requirements and legal obligations. You must demonstrate to the United States Citizenship and Immigration Services (USCIS), that you and your immigrating spouse have a bona fide marriage.
In general, a marriage that was valid where performed is considered legal unless it violates public policy. Additionally, as a petitioner you must establish that the marriage was not entered into for the purpose of evading immigration laws. It is possible that a marriage may not be recognized for immigration purposes despite being a legal marriage.
Marriage-based immigration has been subject to controversy due to the fact that the bona fides of a marriage relationship often cannot be objectively measured.
When is a Marriage considered valid?
Your marriage is considered to be valid for immigration purposes if, you as a couple intended to establish a life together and assume certain duties and obligations. If it is found that the sole intention to enter into a marriage was to secure the immigrating spouse’s residency in the United States, United States Citizenship and Immigration Services (USCIS) will consider the marriage to be fraudulent, or a “sham,” and not valid for immigration purposes.
Attorneys at The Dworsky Law Firm have a long history of successful preparing clients for their interview with the USCIS. Call The Dworsky Law Firm in Chicago at (841) 441-4188, or use the consultation form to describe your case.
For more information about the types of visas available to spouses and fiancées of U.S. citizens, please see the “Fiancee and Spouse Visas” section.