Recognition of Marriages and Eligibility Criteria
Validity of Marriages
USCIS uses a rule called the place-of-celebration rule to decide if a marriage is valid. This means a marriage is considered legal if the place where the marriage happened says it’s legal.
- This rule applies to both same-sex and opposite-sex marriages. For example, if a couple gets married in a state or country that recognizes their marriage, then USCIS will also recognize it.
You can find more about this rule on the USCIS Policy Manual.
Same-Sex Marriages
Same-sex marriages are treated the same as opposite-sex marriages. Whether the marriage is valid depends on the laws where the marriage took place.
- If a same-sex couple gets married in a place that legally allows it, USCIS will recognize the marriage. This rule helps ensure that all couples are treated equally.
For more details, visit this USCIS page on same-sex marriages.
Invalid Marriages
Not all types of marriages are recognized by USCIS. Here are some examples of marriages that USCIS does not consider valid:
- Polygamous marriages (being married to more than one person at the same time)
- Marriages that go against public policy
- Civil unions and domestic partnerships
- Proxy marriages without consummation (when one or both people are not present during the ceremony and the marriage is not followed by consummation)
- Marriages entered into just to get around immigration laws
USCIS has more information about invalid marriages on their family-based immigration page.
Conditions for Permanent Residence and Adjustment of Status
Conditional Permanent Residence
If a person gets permanent residence based on marriage and the couple was married less than two years when they got it, the status is conditional. This means there are extra steps to become a permanent resident without conditions.
- The couple must file Form I-751, Petition to Remove Conditions on Residence.
- They need to show they are still married, that the marriage was real and in good faith, or prove extreme hardship if the status is taken away.
To learn more about conditional permanent residence and filing Form I-751, visit the USCIS website.
Eligibility Criteria for Adjustment of Status
To adjust your status from conditional to permanent, you usually need to file Form I-751 with your U.S. citizen or permanent resident spouse. Here are some rules:
- Both spouses must file together unless special conditions apply.
- If the spouse dies, the marriage ends in divorce, or there was extreme cruelty, there are exceptions to filing together.
These special conditions help people in difficult situations to still adjust their status. Find out more about these exceptions on the USCIS Green Card page.
Process for Consular Processing or Adjustment of Status
USCIS updated their guidance on family-based immigrant visa petitions. These updates include:
- Instructions on how to show whether the person wants consular processing or adjustment of status.
- If it’s unclear, USCIS will decide based on the person’s most recent location.
These changes aim to make the process smoother for applicants. For a complete guide, visit the USCIS visa decision page.
New Process to Promote Family Unity and Employment Authorization
Eligibility for the New Process
- The Department of Homeland Security (DHS) has a new process. It’s for noncitizen spouses of U.S. citizens who have been in the U.S. for at least 10 years as of June 17, 2024.
- To qualify, these people must be legally married to a U.S. citizen. They also must have no disqualifying criminal history and pose no threat to public safety or national security.
- They must also earn a favorable exercise of discretion, meaning the benefits of allowing them to stay outweigh potential concerns.
You can learn more about this new process from the DHS website.
Application Process and Required Documentation
- Individuals must file a form with USCIS to be considered. The form should come with supporting documentation.
- Supporting documents include proof of marriage, identity, and showing they have lived in the U.S. continuously for at least 10 years.
- This process lets eligible noncitizens apply for lawful permanent residence without having to leave the United States.
For a detailed breakdown, see the guide on the USCIS website.
Streamlined Employment Authorization for U.S. College Graduates
- The Biden-Harris Administration is working to make it easier for certain individuals to get employment authorization quickly. This includes DACA recipients and people who graduated from accredited U.S. colleges.
- The process helps those with a high-skilled job offer get work visas fast. This allows them to contribute to the U.S. economy more quickly.
For more information on streamlined employment authorization, visit this White House page.