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Spouse Visa

This category contains 16 posts

Spouse Visa Based on Marriage to First Cousin or Uncle – Niece Marriage

The determination of the status of a “spouse” in a first-cousin or an uncle-niece marriage involves three variables: (1) Laws of the place where the marriage took place; (2) Laws of the State of proposed residence in the United States; and (3) Facts that vary in each individual case.   Tweet

U.S. Spouse Visa Based on Japanese or Korean Marriage to U.S. Citizen

Obtaining a spouse visa to the U.S. based on a marriage in either Japan or Korea requires that the marriage was lawfully entered into pursuant to the laws of Japan or the Republic of Korea through the filing of the required notification with the Ward Registrar and the parties: (1) Were physically present together at [...]

Proxy Marriages For Purposes of Obtaining a U.S. Spouse Visa

For the purpose of obtaining an immigrant spouse visa  to the U.S., a proxy marriage that has been subsequently consummated is deemed to have been valid as of the date of the proxy marriage ceremony. Proxy marriages consummated before the proxy ceremony are not recognized as valid for purposes of obtaining a spouse visa to [...]

Common Law Marriages Under U.S. Immigration Law

In the absence of a marriage certificate, an official verification, or a legal brief verifying full marital rights, a common law marriage or cohabitation is considered to be a “valid marriage” for purposes of  U.S. immigration law only if: (1) It bestows all of the same legal rights and duties possessed by partners in a [...]

Definition of Spouse

Under U.S. immigration law, a “spouse” is defined as a legally wedded husband or wife. Section 7 of the Defense of Marriage Act (Public Law 104-199) states: “The word „marriage‟ means only a legal union between one man and one woman as husband and wife, and the word „spouse‟ refers only to a person of [...]

Immigrant Spouse Visa for a Spouse of a U.S. Citizen (IR1 or CR1)

What Is a “Spouse”? A spouse is a legally wedded husband or wife. Merely living together does not qualify a marriage for immigration. Common-law spouses may qualify as spouses for immigration purposes depending on the laws of the country where the common-law marriage occurs. In cases of polygamy, only the first spouse may qualify as a [...]