Validity of Marriage Between Two Persons of the Same Sex Relationships entered into for purposes of evading immigration laws of the United States. Relationships where one party is not present during the marriage ceremony (proxy marriages) unless the marriage has been consummated or USCIS does not recognize the following relationships as marriages, even if valid in the place of celebration:Ĭertain marriages that violate the strong public policy of the state of residence of the couple Ĭivil unions, domestic partnerships, or other such relationships not recognized as marriages in the place of celebration In most cases, a marriage certificate is prima facie evidence that the marriage was properly and legally performed. citizen spouse for the required period of time. In all cases, the burden is on the applicant to establish that he or she has a valid marriage with his or her U.S. The applicant must establish validity of his or her marriage. In general, the legal validity of a marriage is determined by the law of the place where the marriage was celebrated (“place-of-celebration rule”). Under this rule, a marriage is valid for immigration purposes in cases where the marriage is valid under the law of the jurisdiction in which it is performed. Validity of Marriage for Immigration Purposes A. Validity of Marriage 1. Validity of Marriages in the United States or Abroad
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