This is the second in a series of articles which will focus on practical issues and problems that arise before and during processing of immigrant visas at US embassies and consulates. The advice and suggestions contained herein are based on over 30 years of experience reviewing documents and preparing applicants for their immigrant visa interviews. The current topic is marriage and related issues.
The validity of a marriage is normally determined by the law of the place where the marriage is performed. However, there are certain types of relationships and marriages that are valid and recognized where existing or performed but may not be accepted for the purpose of immigration to the United States. Unless formally married, a "partner" is not entitled to immigration benefits as a dependant. Same-sex marriages are not recognized for immigration to the US. A certified copy of the marriage certificate from the appropriate government office is generally required.
A person who is seeking to immigrate to the United States as the dependant spouse must be able to prove that all previous marriages of both spouses have been legally terminated by divorce, annulment or death. A divorce must not only be valid where it was obtained but also must be recognized as valid where a subsequent marriage is performed. A certified copy of the government record of the divorce, annulment or death is generally required.
Certain countries present unique issues regarding marriage and divorce and the proof thereof. In India certain religious communities do not usually register marriages. However, marriages may be voluntarily registered pursuant to the appropriate Act and a marriage certificate can then be obtained from the appropriate government office. Marriages between Christians are usually obtainable from church records. If the marriage has not been officially registered, then two sworn affidavits may be substituted. In the Philippines the courts have been empowered to grant legal separation but not divorce.
In conclusion, to avoid unnecessary delays in processing your case, Immigration Compliance Group recommends that you consult with your respective immigration attorney to determine exactly what documentation will be required to evidence your marriage(s) and divorce(s). This should be determined well in advance of when the official documentation is needed.
If you have any questions regarding this topic, please feel free to drop us an email.
