Any marriage, when its legal in that place/country it happened, is considered legal in US (assuming its not like under-age or bigamy or illegal stuff). When a US resident marries (& even if foreign spouse has never set a foot on US soil), IRS does allow only Married filing together or married filing separately, in both cases if no social of spouse available, you write NSA (No Social Account Number) in tax return.
People adjust (or gain) status all the time while they are here already in US on some other visa. Having a temporary visa is has no good or bad effect on getting green card. Its similar (easy or difficult) in other countries as it is in US, its not "easy" in other country(ies) to fake address if it is not easy in USA.
Pregnancy (removed from all facts, sole pregnancy) is never on its own a proof of bonafide relationship. Who is the bio father? The whole collection of proofs when seen as collective, tells the picture & intent.
USCIS & agencies has to follow a manual & policies & procedure (much of it is published on USCIS's website), & 99% of the time the officer can not intentionally bring a personal bias (exceptions apply). There are millions of cases getting passed, & a single USCIS employee does not decide a single case. Like any other big organisation, everybody is doing apart of process. & they have managers, & managers above them. Even USCIS itself is not above law, people routinely sue USCIS in federal courts to challenge their decisions (or lack of decisions).
That isn't distinctly different from marriage fraud, or whatever the US government calls it now. As a US citizen, you can basically jump start the immigration process by just having a recognized marriage to a foreigner. It's pretty messed up in my opinion and encourages bad behavior on the part of both parties.
It's illegal to fraudulently marry for the purpose of gaining permanent residency. Obviously there's some gray area there and I'm not giving legal advice, but at least sometimes using marriage to get residency or citizenship is a crime.
A 'marriage of convenience'[1] in that sort of situation is typically treated as fraud, with potentially high penalties (deportation for the incoming, jail for the citizen). I've heard from more than one recently married couple that they've been separated and intensively interviewed about their personal lives, marriage, and backgrounds. IIRC one was returning to the US, and another was entering Canada. In both cases one of the couple was a native citizen.
If that were the actual reason, I'd be surprised if there wasn't a standard form letter or actual reason for denial. I suppose 'Go Away, We Can't Talk About It' might get used in marginal cases or when the appropriate authority can't be bothered doing the actual research.
Or they just lost at Top100 Terrorist Names Bingo.
Without marriage, how would US citizens be able to marry a foreigner and have them automatically get a green card?
Edit: and I'm not being facetious. It's nice to say that marriage should not exist, but it has more implications than just taxes. How do you build a life with this woman you met during your vacation in Spain without marriage? How would she be able to come live with you?
There are a ton of legal ramifications, including tax benefits (it's advantageous for a married couple to file income taxes jointly), immigration (spousal visas etc.), inheritance, and so on.
If they are legally married then how is it fraud? The entire idea of marriage fraud is bogus — it's just another invention used to justify state violence against a disfavored group. Marriages exist in all shapes and forms, many more than the state can think of.
For example USCIS apparently puts some people through interviews where they ask for intimate personal details of the spouse, like what side of the bed they sleep on or the color of the toothbrush they use. This implies a particular definition of marriage — one where you sleep on the same bed and use the same bathroom. Yet I know plenty of happily married folks who have generally separate lives, including having separate intimate relationships. That doesn't make their marriages any less valid!
Yes, I have gotten married in the US. I'm not sure how that is relevant. My problem is the wording--"application" as opposed to "registration." Even if it's as easy as applying for a passport, there is still room for denial.
US immigration laws require an actual marriage, not just something that looks like one. Please educate yourself about what marriage actually means, not just what you think it means.
I mean, why should hard cash have anything to do with the right to live and work in Singapore?
The US isn't the most awesome country in the world but marrying a foreigner at least conveys them basic rights like residency and work permit. I mean, residency! What is a marriage without residency?
> Marrying someone for the purpose is immigration is considered "immigration fraud"
No, it's not; Marrying someone for the purpose of evading immigration laws is. There is a difference; even if immigration is sought as a benefit of marriage, if there is genuine intent to enter into and maintain a bona fide marital relationship and that is maintained throughout the conditional period associated with immigration by marriage, there is no fraud.
Yup - my country considers gay couples not married - even if they have been married in another country. Even worse - if another country requests that information - my country will also say that they are not married. Because - obviously - they will ask the country that the couple are citizens of not some random 3rd country.
I am an American (living abroad), and while your comment is technically correct, permission to remain long term and work in a country is one of the benefits to a legal marriage.
My brother married a woman from South America (legitimately out of love). When she applied for citizenship, both she and my brother were required to sign forms (under pains and penalties of perjury) that the marriage was kosher, BCIS required references from friends and family (again, under pains and penalties of perjury) attesting to the legitimacy of the marriage, they had to deal with unannounced visits and constantly having to check in. It wasn't until the second kid came along that the govt finally seemed to accept the marriage as real.
Given the hoops my brother and sister-and-law had to go through, I think faking a marriage is a really bad idea unless the fake-spouse is willing to put themselves and close friends/family into big trouble if the sham marriage gets exposed.
Nearly every jurisdiction on earth has rules about who can marry whom. Especially when it comes to immigration. My best friend's fiance had to return to her home country from their shared second for 8 months while she applied for another visa to allow them to legally change her status when she married.
I feel like it's really strange that HN commenters hate on Singapore for having standards for immigrants. To the point of lying and saying that Work Permit holders aren't allowed to marry citizens in order to drum up outrage, and only backtracking when called out on it.
People adjust (or gain) status all the time while they are here already in US on some other visa. Having a temporary visa is has no good or bad effect on getting green card. Its similar (easy or difficult) in other countries as it is in US, its not "easy" in other country(ies) to fake address if it is not easy in USA.
Pregnancy (removed from all facts, sole pregnancy) is never on its own a proof of bonafide relationship. Who is the bio father? The whole collection of proofs when seen as collective, tells the picture & intent.
USCIS & agencies has to follow a manual & policies & procedure (much of it is published on USCIS's website), & 99% of the time the officer can not intentionally bring a personal bias (exceptions apply). There are millions of cases getting passed, & a single USCIS employee does not decide a single case. Like any other big organisation, everybody is doing apart of process. & they have managers, & managers above them. Even USCIS itself is not above law, people routinely sue USCIS in federal courts to challenge their decisions (or lack of decisions).
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