- USCIS identifies five specific marriage categories that are ineligible for green cards regardless of local legality.
- Marriages must be legally valid where celebrated and also meet strict U.S. public policy standards.
- New 2026 policies mandate in-person interviews and increase scrutiny on adjustment of status applications.
USCIS has identified five categories of marriages that cannot support a U.S. green card or visa, even when a ceremony was legally recognized abroad.
The list includes polygamous marriages, unions that violate the strong public policy of the couple’s U.S. state of residence, and civil unions or domestic partnerships that are not marriages where the ceremony occurred. It also covers proxy marriages without later consummation and marriages entered into to evade U.S. immigration laws.
The agency applies the place-of-celebration rule as its starting point. A marriage generally must have been legally valid in the jurisdiction where it took place.
Free toolCSPA Age-Out Calculator OnlineLocal validity alone is not enough. USCIS also requires evidence that the couple formed a bona fide marriage rather than marrying solely to obtain an immigration benefit.
The rules apply to both green card cases and visa applications in 2026. Officers are examining whether the ceremony created a valid marriage, whether the relationship is genuine and whether another legal barrier applies.
A valid ceremony can still fail under U.S. policy
A marriage may be valid under the law where it was celebrated but still fail the immigration test if it conflicts with a strong public policy of the United States or the state where the couple intends to live. Examples identified in the guidance include marriages between close relatives and marriages involving minors.
Immigration officials also treat a marriage designed to circumvent immigration rules as disqualifying. Such a finding can bring additional immigration consequences.
The category is broader than a question about paperwork. Applicants must show that the marriage exists for reasons beyond obtaining status.
USCIS guidance also distinguishes marriage from other legally recognized relationships. A civil union or domestic partnership does not qualify unless the jurisdiction where it was created treats it as a marriage.
| Marriage category | Immigration treatment |
|---|---|
| Polygamous marriage | Does not qualify, even if recognized abroad |
| Civil union or domestic partnership | Does not qualify unless treated as a marriage where formed |
| Proxy marriage | Does not qualify unless the spouses later consummated the marriage |
| Marriage violating strong public policy | May be denied despite local validity |
| Marriage intended to evade immigration laws | Disqualifying and potentially subject to further consequences |
Polygamy and proxy ceremonies face direct restrictions
USCIS does not recognize a polygamous marriage for an immigration benefit, even when the marriage was legally performed in a country that permits it. In a polygamous situation, the agency recognizes only the first legally valid marriage.
Later marriages can be treated as bigamy or polygamy. The policy manual identifies those later unions as bars to green card eligibility and naturalization.
Proxy ceremonies receive a narrower exception. If one or both spouses were absent when the ceremony occurred, the marriage is invalid for immigration purposes unless the couple later consummated it.
That requirement addresses the legal status of the marriage. Applicants must still prove that the relationship is bona fide.
A proposed bill would add another restriction. H.R. 9758, the Child Marriage Prevention Act of 2026, was introduced on July 16, 2026, by Rep. Gwen Moore and Sen. Dick Durbin. The measure would require proxy-marriage couples to have met in person within the two years before the ceremony.
The bill would also set a minimum petitioner age of 18 for spousal visas and require separate, private interviews when either spouse was a minor at the time of marriage. It remains a proposal.
Rep. Gwen Moore said the bill would address child marriage directly:
"The practice of child marriage should not exist anywhere, especially not in the U.S. Our legislation takes a critical first step toward ending child marriage and protecting our children."
Marriage cases are moving through a tighter review process
DHS recorded 342,990 individuals becoming lawful permanent residents as spouses of U.S. citizens in Fiscal Year 2024. That represented approximately 25% of all new green cards.
The volume remains high. More than 800,000 pending marriage-based cases stood in the system as of June 2026.
The underlying I-130 petition had a 93% approval rate in Fiscal Year 2025, but approval of that petition does not guarantee a green card or visa. Officers can still examine the applicant’s eligibility, admissibility and relationship evidence at later stages.
Reported denial grounds in 2026 include weak proof of a shared life, public-policy violations and marriages that are technically valid where performed but void under U.S. federal or state law. Proxy or virtual relationships can draw questions when applicants do not provide enough evidence of joint life.
New 2026 rules also allow discretionary denials when an officer decides that an applicant does not merit “administrative grace,” according to the policy material. The standard applies even when the applicant is otherwise technically eligible.
USCIS reinstated mandatory in-person interviews for all marriage-based green card applicants in early 2026. The change removed previous low-risk waiver provisions under USCIS Policy Alert PA-2025-23.
Applicants can also face expanded requests for evidence. The agency is seeking detailed proof of financial commingling, including joint tax filings, leases and insurance records.
Adjustment of status may require a consular application
A May 21, 2026, policy memo, PM-602-0199, frames adjustment of status as “administrative grace” rather than an entitlement. Under the memo, officers can direct some applicants to leave the United States and apply through a consulate abroad unless they show “unusual or outstanding equities.”
Zach Kahler, a USCIS spokesperson, described the policy in a statement issued May 22, 2026:
"From now on, an alien who is in the U.S. temporarily and wants a Green Card must return to their home country to apply, except in extraordinary circumstances. This policy allows our immigration system to function as the law intended instead of incentivizing loopholes."
Joseph B. Edlow, who was confirmed as USCIS director on July 15, 2025, said the agency was focused on "advancing the president's agenda to restore integrity in our legal immigration system" and "returning to the original intent of the law" regarding the extraordinary nature of green card grants.
The policy has increased questioning about immigrant intent for people who entered on tourist B-1/B-2 or student F-1 visas. A valid marriage does not automatically resolve those questions.
Visa issuance can also be delayed for nationals of approximately 75 countries covered by public-charge or security-screening pauses effective Jan. 21, 2026. Additional vetting may continue even when the marriage satisfies the validity and bona fide requirements.
The marriage screening rules therefore operate in layers. The couple must have a marriage recognized where it occurred, avoid one of the five excluded categories and provide evidence of a genuine relationship. The applicant must then satisfy the separate requirements governing adjustment of status or visa issuance.
USCIS Director Joseph B. Edlow described the agency’s approach as a return to the “original intent of the law.” The proposed restrictions in H.R. 9758 could add another test for proxy and underage marriages if Congress adopts them.
