A couple applying for a marriage-based green card faced an unexpected setback when the USCIS denied their I-130 petition, declaring their Utah marriage certificate invalid.
USCIS Questions Utah Marriage Legality
The USCIS claimed the Utah marriage was not legally valid because the ceremony occurred outside the United States. The denial stated that Utah has no jurisdiction over marriages performed abroad and that such unions must follow local laws of the country where the ceremony took place.
Experts Call It a Misunderstanding
Immigration experts immediately dismissed this reasoning as a major error. They clarified that Utah proxy marriages are recognised by the U.S. State Department. Such marriages are valid as long as they are consummated after the ceremony.
Evidence Ignored by USCIS
The applicants even submitted a letter from the Utah County office confirming the validity of their marriage. Despite this, the USCIS officer still denied the petition, leaving the couple shocked and frustrated.
Legal Experts Advise Against Refiling
Attorneys warned the couple not to refile the I-130, as doing so could reinforce the USCIS’s incorrect decision. Instead, they were advised to contact their State Senator’s office and request a congressional inquiry to correct the mistake.
Concerns About USCIS Officer Training
This case exposes serious training gaps within the USCIS. Without clearer instructions and awareness of valid proxy marriage laws, more couples could face unnecessary denials and delays in their immigration process.
