Marriage Green Cards - Second Marriages
As a cross-border immigration lawyer based in Windsor, Ontario, Christina Loebach helps couples who live on opposite sides of the Windsor-Detroit border reunite and live together. This post was created as a response to many frequently asked questions related to situations where one (or both) of the parties was previously married.
What is the impact of a previous marriage on getting a U.S. green card?
If either party was previously married, this does have to be disclosed to USCIS. Second marriages are very common and will not seriously impede your immigration application. However, couples should be prepared for increased scrutiny by immigration officials. Immigration officials will be looking to confirm that (1) the remarriage is legally valid, and (2) there is no immigration fraud.
Ensuring the Second Marriage is Valid
When a U.S. citizen or permanent resident applies to sponsor their partner for a green card, the U.S. government is going to look closely at all marriages of both parties - both the first (now terminated) marriage, and the second or subsequent marriage.
If either spouse was previously married, they must demonstrate that the prior marriage was legally terminated. Depending on the country, there may be barriers to terminating a marriage due to public policy, religious sentiments, or even just having a former partner who is very difficult to locate. The U.S. does not recognize polygamous marriage, meaning that evidence of termination (such as a decree of divorce or a death certificate) is required.
In situations of divorce, the divorce or annulment must be valid under the laws of the jurisdiction that granted it, and that termination must be recognized in the jurisdiction where the couple resides. The divorce may not be recognized by USCIS if neither member of the divorcing couple was physically present or domiciled at any time in the divorcing country.
What about religious divorces?
Religious divorces are generally not considered adequate for immigration petitions, but customary or tribal divorces can be recognized if sufficient proof is presented.
Ensuring the Marriage is Bona Fide
In addition to examining the validity of the marriage, immigration officials will also look at both the current and former marriages to determine if they are bona fide - i.e. a true marriage not entered into for purposes of immigration fraud. There are many ways that couples can demonstrate this. In addition to marriage certificates, they can provide documents demonstrating that they live together, photos of them throughout the relationship, letters from friends and family recognizing the marriage, ensuring their visa interview answers are consistent, etc.
If the U.S. citizen spouse previously applied to sponsor a different spouse, they may be at increased risk of receiving a Notice of Intent to Deny (NOID). This is because USCIS may take the view that the previous marriage was fraudulent. The best way to proactively counter this situation is to demonstrate that the previous marriage was genuine, not for purposes of obtaining a green card. This can be difficult to demonstrate without the assistance of an immigration lawyer.
Especially in the Windsor-Detroit area, it’s common for Canadians and Americans to fall in love and get married. Christina Loebach is licensed to practice law in both Canada and the United States, and loves working with clients who are considering sponsorship on both sides of the border. If you would like Christina to provide legal advice tailored to your situation, please schedule a consultation.