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Q: Why does marital status matter when applying for a non-immigrant visa?
There are many factors which affect an applicant’s non-immigrant visa eligibility. All applicants most overcome the intending immigrant presumption, Section 214 (b) of the U.S. Immigration and Nationality (INA) Act, by proving they have established strong ties to their country of residence. Overcoming 214(b) can be particularly difficult for unmarried applicants (including those in common-law marriages) who do not have strong qualifications of their own. A common law marriage will not be accepted for visa qualification or immigration purposes, unless it is recognized as legal in the jurisdiction of residence. Many applicants are surprised to discover that their partner’s qualifications (job, bank account, property deed) are not always considered when their cases are adjudicated. In such cases, the applicant must qualify for the visa in his/her own right.
Q: Why doesn’t the U.S. recognize common law relationships for visa purposes?
Marriage, aside from being a religious or cultural institution, is also a civil arrangement that serves to legally confirm the existence of a bona fide relationship between two people. In the absence of marriage, consular officers are left with little to evaluate how serious or long-term your commitment to remain together really is. Therefore, it is sometimes difficult to count the relationship as a “strong tie” required by INA 214 (b). It is not a judgment value, but a legal and practical matter which excludes the consideration of these alternate arrangements.
Q: Are common law marriages recognized in immigrant visa cases?
U.S. visa law does not recognize common law marriages when applying for immigrant visas, unless they are recognized as legal in the jurisdiction of residence. In order for a spouse to be considered as a derivative on a visa petition, the couple must be married in a civil and legal union. Therefore an unmarried partner or fiancée is not eligible to apply for derivative visa status. Proxy marriages are also not recognized for immigration purposes.
Q: What can my partner or common spouse do to obtain a visa on his/her own?
Some suggestions for overcoming this obstacle in future applications can include bringing to the interview several years’ worth of utility or telephone bills that jointly list your name and that of your partner, legalized birth certificates of children, or any other documents that you might have that show a solid, long-lasting relationship. In short, be prepared to prove to the consular officer that a long-term bona fide relationship between you and your partner truly exists. In addition to family ties to Guyana, all applicants should be prepared to demonstrate economic and professional ties, as applicable.
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