Will U.S. Immigration Authorities Recognize a Common Law Marriage?
When applying for lawful permanent resident status in the United States, it is essential to tell the truth. Any false statements or misrepresentations on an I-485 application can lead United States Citizenship and Immigration Services to deny your petition. That said, once you receive a Notice of Intent to Deny (NOID) from USCIS, you still have a chance to correct any honest misunderstandings and ask USCIS to reevaluate your application before any denial becomes final.
Florida Judge Issues Temporary Injunction in Brazilian Couple’s Lawsuit Against USCIS
A recent decision from a federal judge in Orlando, Machado v. Mayorkas, illustrates the importance of working through the legal process, especially when USCIS refuses to give immigrants a fair hearing. This case involves a Brazilian woman (the plaintiff) who seeks to immigrate to the United States with her husband. The husband is currently receiving treatment for cancer, leaving the plaintiff as the family’s sole source of financial support. A U.S.-based employer sponsored the plaintiff’s entry into the United States to work, contingent on her and her husband successfully applying for lawful permanent residence status.
The couple ran into a problem, however, when USCIS issued a NOID, alleging the plaintiff “misrepresented her marital status” on a prior visa application. This appears to have been a misunderstanding. The plaintiff and her husband entered into a common law marriage, which they said was recognized as the equivalent of a civil marriage under Brazilian law. The plaintiff thus responded to the NOID by providing evidence supporting the existence of their common law marriage.
USCIS refused to consider the new evidence, however, and denied the plaintiff’s I-485 application. She subsequently filed a federal lawsuit here in Florida, alleging USCIS violated the Administrative Procedure Act, which governs the conduct of federal agencies. In September 2024, United States District Judge Paul G. Bryon issued a temporary restraining order, which for now prevents USCIS from denying the husband’s I-485 application. The court will hold a hearing in October 2024 to determine whether a preliminary injunction against the government is justified.
To be clear, the court has not yet considered the merits of the plaintiff’s arguments–that is, whether or not the USCIS was correct in denying the I-485 applications based on alleged misrepresentation of the plaintiff’s marital status. Judge Byron may address this question at a later stage of the litigation.
Contact a Tampa Immigration Lawyer Today
According to USCIS’ own policy manual, the validity of a marriage for immigration purposes is “determined by the law of the place where the marriage was celebrated,” i.e., where the marriage took place. It is also worth noting that most U.S. states–including Florida–do not currently recognize common-law marriage. So if you are a current U.S. citizen or permanent resident looking to bring a non-citizen partner into the country legally, you need to make sure your marriage comports with any applicable local laws.
And if you need immigration-related legal advice from a qualified Tampa family petitions attorney, Contact Florida Law Advisers, P.A., today to schedule a free consultation.
Source:
scholar.google.com/scholar_case?case=1066983492241359848
