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Tag: marriage

  • MARRIAGE OF A MINOR

    Can an individual under the age of 18 be married for immigration purposes? Yes. It will primarily depend on whether the marriage was legal in the place where the marriage took place but there are also public policy concerns. Minor Marriage:  Certain underage marriages involving an individual under the age of 18 may be void because…

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  • LEGAL SEPARATIONS AND MARRIAGE TERMINATION

    9 FAM 102.8-1(I)  LEGAL SEPARATIONS AND MARRIAGE TERMINATION (CT:VISA-1774;   05-24-2023) a. An applicant is a “spouse” for visa adjudication purposes, even if the parties to the marriage no longer cohabit, if the marriage was not contracted solely to qualify for immigration benefits.  If the parties are legally separated, i.e., by written agreement recognized by a court or…

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  • PROXY MARRIAGE

    9 FAM 102.8-1(D)  PROXY MARRIAGES (CT:VISA-1774;   05-24-2023) A marriage where one or both parties was not present (proxy marriage) is not valid unless the marriage was consummated. (1)  Consummated:  For the purpose of issuing a visa to a “spouse,” a proxy marriage that has been subsequently consummated is valid as of the date of the proxy ceremony. …

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  • VALIDITY OF MARRIAGE

    Definition of Marriage in the INA INA §1101 (35) The term “spouse”, “wife”, or “husband” do not include a spouse, wife, or husband by reason of any marriage ceremony where the contracting parties thereto are not physically present in the presence of each other, unless the marriage shall have been consummated. Validity of Marriage a. Law…

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  • READJUSTMENT OF CONDITIONAL RESIDENTS

    READJUSTMENT OF CONDITIONAL RESIDENTS

    Matter of Stockwell On November 21, 2019, the United States Citizenship and Immigration Services (USCIS) announced that it had updated its Policy Manual (PM) in a policy alert titled “Adjustment on New Basis After Termination of Conditional Permanent Residence” [PDF version]. An alien who is admitted to the United States as a conditional permanent resident…

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