Is my marriage a "valid marriage" for U.S. immigration purposes? By: Michael Phulwani, Esq., David Nachman, Esq. and Rabindra Singh, Esq. from the Nachman Phulwani Zimovcak (NPZ), P.C. Law Group (NY, NJ, Canada, India) | Bergen County Employment Immigration Lawyers | Ridgewood Citizenship Law Firm

Is my marriage a "valid marriage" for U.S. immigration purposes? By: Michael Phulwani, Esq., David Nachman, Esq. and Rabindra Singh, Esq. from the Nachman Phulwani Zimovcak (NPZ), P.C. Law Group (NY, NJ, Canada, India) | Bergen County Employment Immigration Lawyers | Ridgewood Citizenship Law Firm

The validity of a marriage under the U.S. immigration laws frequently determines whether a foreign national may be able to obtain a family-based immigrant or nonimmigrant visa, legalize unlawful status, or file waiver of inadmissibility or deportability. The Immigration and Nationality Act (INA), the basic body of U.S. immigration laws, does not define the term "marriage". Although INA defines the term "spouse", it limits the definition to what may be excluded as unconsummated proxy marriage. Through the definition of the term "spouse" it can be inferred that a marriage, in order to be valid for immigration purposes, must be celebrated in the presence of both parties unless consummated. Although the INA does not specifically define the terms "marriage" and "spouse," it does now lays down the threshold requirement for the validity of marriage -- marriage be valid where celebrated.