COLUMN-IMMIGRATION: IMMIGRATION CORNER – What is a fixed marriage?

Michael J. Gurfinkel

If a person is ever caught in a fixed marriage (married solely to obtain immigration benefits), the consequences (or punishment) could be severe. A fixed marriage finding by the USCIS could result in a lifetime ban from ever having any other petition approved. For example, if a person was caught in a fixed marriage, but later divorced that American and married a different US citizen for love, the second US citizen spouse would not be able to petition the person. Similarly, if a person was caught in a fixed marriage, and years later, their US-born child turns 21, the child also could not petition them.

However, there have been many cases where the marriage was real, but for one reason or another (perhaps miscommunication, misunderstanding, confusion, lack of documents), the USCIS concludes the marriage was fixed. If you are in a real marriage, but your case was denied because USCIS incorrectly concluded your marriage was fixed, you should fight that decision. (Of course, if the marriage WAS fixed, then there really would be nothing to fight for.)

The laws concerning fixed marriages could be very helpful to people finding themselves being wrongly accused of entering into a fixed marriage. The key to the “viability of the marriage” (or whether it was real) is whether the marriage was valid at its inception, even if the couple is now separated and the marriage is no longer viable. This means if you walked down the aisle on your wedding day with “love in your heart,” then your marriage would be valid even if it soon deteriorates. Think about the 72-day marriage between Kim Kardashian and Kris Humphries. That marriage, although short in length, was valid at its inception and if  Kim was an alien being petitioned by Kris, it would still have been considered a valid or viable marriage.

As long as the marriage was valid at its inception, and they intended to have a life together, it should not be considered “fixed.” Even if the couple is already separated (but not yet divorced), and the marriage is no longer viable at the time of the adjustment interview, the case could still be approved. So long as the marriage was viable at its inception (and can be proven and documented as such), a person still could pursue their green card.