Marriages That Won't Qualify for a US Green Card or Visa Benefits: Full List

The US Citizenship and Immigration Services (USCIS) has clarified that marriage to a US citizen does not automatically guarantee a green card or other immigration benefits. The agency will reject marriages that are not legally valid or genuine under US immigration law.

The clarification, reported by Vanguard, applies to Nigerians and other foreign nationals seeking to emigrate through marriage. USCIS says some relationships will not be recognised for immigration purposes even if they are lawful in the country where the marriage took place.

Five Categories of Ineligible Marriages

USCIS does not recognise polygamous marriages. A marriage involving more than two spouses is generally ineligible for immigration benefits, regardless of whether such unions are legally permitted where they were celebrated. Applicants in polygamous relationships cannot use those marriages to obtain a US visa, green card, or family-based immigration benefits.

Even when a marriage is legally valid where it was performed, USCIS may refuse to recognise it if it violates the strong public policy of the US state where the couple resides. Possessing a marriage certificate alone does not automatically guarantee approval.

Civil Unions, Proxy Marriages, and Sham Marriages

USCIS distinguishes between legal marriages and other forms of recognised relationships such as civil unions and domestic partnerships. If these relationships are not legally classified as marriages in the jurisdiction where they were established, they generally do not qualify for US immigration benefits.

A proxy marriage, where one or both spouses are absent from the wedding ceremony and represented by another person, is generally not recognised by US immigration authorities unless the couple has subsequently consummated the marriage. Couples applying based on a proxy marriage may be required to provide evidence of consummation after the ceremony.

Marriages entered into solely to evade US immigration laws are also not recognised. The marriage must be genuine, legally valid, and based on a real marital relationship. Authorities conduct investigations where fraud is suspected, and individuals found to have entered into sham marriages may face visa denial, removal proceedings, long-term immigration bans, and possible criminal penalties.

What This Means for Nigerian Applicants

For Nigerians planning to immigrate through marriage, legal validity alone is not enough. USCIS considers both the legal status of the marriage and whether the relationship is genuine before approving benefits. Applicants are encouraged to ensure their marriage meets US immigration requirements and to provide complete and truthful documentation to avoid delays, denials, or legal consequences.