Marriage through INS eyes 

People wanting to migrate and become permanent residents in the US think of marriage as a viable option. But what they don’t know is that INS will investigate marriages. If the agency determines that the marriage is a sham, severe consequences could be meted on the offender, including permanent banishment from the US. 

It is important to note that marriages entered into for the purpose of evading US immigration laws is illegal. In investigating the marriage, the INS will address the issue of “at the time of the marriage, did the bride and groom intend to establish a life together?” If the answer is yes, then the marriage is bona fide. The INS examining officer will look into the conduct of the parties after the union to prove that the couple’s intent for the marriage is real – are they living together, do they jointly own property, do they conduct themselves like a husband and wife? When fraud is suspected, a field investigation may take place. This investigation includes such procedures as early morning or late night home visits and interviews with neighbors and friends. The INS will also check with the employer, the Post Office, the Department of Motor Vehicles, the County Registrar’s Office and other government agencies. 

Proxy Marriages 

The INS still recognizes the validity of proxy marriages – but be forewarned that they are highly suspicious of them. If a marriage ceremony took place by proxy, the agency will ask for proof of consummation. But in other instances, cohabitation and consummation are not absolutely necessary. A good example is elderly couples who have separate bedrooms. Their marriage may still be valid for immigration purposes. 

Legitimacy  

Intent is not the only test of a marriage’s validity. It must also be legitimate. The union must be valid at its inception under the laws of the place where the marriage took place. If a state or country recognizes common law marriage, then it is valid for immigration purposes. There are some marriages that are not automatically invalid but may be if one of the parties raises the issue. A marriage where one of the parties was a minor at the time the union took place is voidable. The minor can choose to void it until after he or she reaches legal age. A marriage that is voidable, but not void, could be recognized for immigration purposes. 

Public Policy 

Another factor that is considered in assessing a marriage’s validity for immigration is public policy. A marriage must not run counter to it. Even though polygamy is valid in other countries, it is not valid in the US. For the same reason, although some states recognize same-sex marriages, the INS does not. 

If the parties in the marriage can prove that they have met the INS requirements for intent, legitimacy and public policy, then it is valid for immigration purposes. The INS cannot deny the petition simply because the parties are not subsequently living together, provided that no legal separation or dissolution of marriage has been obtained at the time of the petition. 

Additionally, the future conduct of the parties, no matter how unconventional it may be, does not prove a lack of intent. Even the death of a spouse does not automatically result in the termination of the petition if the INS finds that, for humanitarian reasons, revocation would be improper. 

While the immigration petition based on marriage may look simple, the case itself is very complex. The documentation provided by the parties must be very thorough and should be able to provide all the information the INS will ask from the case.