Marriage, the continuation of love; but in the eyes of immigration law, it is first and foremost a legal act.
Many people think that “out with the old, in with the new” is just a matter of emotions, but they overlook the bottom line in the law – if the previous marriage has not been legally terminated, the new marriage is considered invalid.
This is not a moral judgment, but a clear legal provision.
According to the regulations of US immigration law, marriage only has immigration effect when both parties are legally qualified to marry.
In other words, if the petitioner or beneficiary is still in a marriage relationship, subsequent marriage registrations are not legally effective, even if the couple truly loves each other and has lived together for years, they cannot obtain a green card.
The prerequisite for a valid marriage is that the “previous marriage has been legally terminated.” This includes three situations:
1. Death: The previous spouse has passed away, and a death certificate is submitted.
2. Divorce: Official divorce judgment issued by a court, accompanied by a divorce decree.
3. Annulment: The court declares the marriage invalid from the beginning (e.g., forced marriage, underage marriage without approval, etc.).
Only with one of these situations can the parties be considered “legally single” and qualify for remarriage.
When applying for marriage-based immigration, the United States Citizenship and Immigration Services (USCIS) scrutinizes the marital status of both parties. All previously married individuals must provide official proof of the termination of each marriage, such as divorce decrees or death certificates. If the documents are from a foreign country, they also need to undergo translation, notarization, and consular legalization processes.
The most common mistakes include:
– Overseas divorces not formally registered: for example, only signing separation agreements without court approval;
– Religious divorces not recognized by the government: in some countries (such as the Philippines, India), religious ceremony divorces do not have legal effect;
– Foreign documents not notarized: USCIS may question authenticity, requiring additional documentation or rejecting the application.
These flaws are enough to have the entire green card application rejected because legally, you are still considered “married” rather than “single.”
There is a representative case of applicants: a man married for many years in an Asian country, separated from his wife and living separately, thinking that a “natural dissolution” is sufficient. Years later, he met a new partner in the United States and remarried but was denied when applying for spousal immigration.
The reason was – he had never formally processed the divorce in the original country.
Although the new marriage was genuine, and the couple had lived together for many years, legally it still qualified as an “invalid marriage.”
In the end, the man had to return to his country to get a divorce, remarry, and reapply, a process that took nearly three years.
Such situations are not uncommon in immigration practice. Some mistakenly believe that being “separated for many years” or “dissolving the marriage in a religious ceremony” is the same as divorce, not realizing that immigration authorities only recognize formal documents issued by government agencies.
To avoid a replay of tragedies, professional consultants recommend confirming the following three points before marriage:
1. Confirm the marital status of previous marriages: If married abroad, it is necessary to verify whether the divorce is officially registered with the local civil affairs or court;
2. Retain all original and translated documents: The proof required by immigration authorities must be official documents, and translations must be accompanied by the translator’s signature and declaration;
3. Confirm the validity of foreign judgments: Divorce judgments in certain countries may not be recognized in the United States and may require notarization or additional explanations.
In marriage-based immigration reviews, “documents” are the only basis to prove the marital status. Immigration officials do not judge based on the truth of emotions but on whether the legal procedures are compliant.
The beginning of marriage must be based on a legal conclusion. This is the most fundamental red line in immigration law and the most easily overlooked. Before getting married, make sure to clarify your legal status because in the immigration system, an incomplete divorce decree can lead true love into an invalid marriage.
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This article is only a general information compilation on immigration regulations and practice observations and does not constitute legal advice on any specific case. The actual outcome of a case depends on individual facts and applicable laws. If there are personal cases involved, consultation with a qualified immigration lawyer is recommended.
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