1. The Definition of Marriage and Spouse in U.S. Immigration law

Marriage is a subject matter of the laws of the state or country where the marriage was entered into. Federal laws usually recognize the validity of a marriage if the marriage was valid in a state or another country where the marriage was entered into.

However, according to The Defense of Marriage Act, U.S. Congress clarifies that the word "marriage" means only a legal union between one man and one woman as husband and wife, and the word "spouse" refers only to a person of the opposite sex who is a husband or wife. Apparently, U.S. Congress interprets that marriage exists only between male and female.

Immigration laws stated that a person does not qualify as a spouse, husband, or wife for immigration purposes if the marital relationship was created by a marriage ceremony, where the parties were not physically present in the presence of each other, such as a proxy marriage, unless the marriage has thereafter been consummated.

2. The Immediate Relatives of a U.S. Citizen

Every year, thousands of foreign-born people become engaged or married to U.S. citizens. The immigration process for Green Card through marriage varies based on whether a foreign national intends to marry the U.S. citizen in the U.S. or outside the U.S. Each of these situations will require slightly different planning and procedures.

The immediate relatives of a U.S. citizen refers to parents, spouses and children (who are unmarried and under 21 years of age) of a U.S. citizen. Immediate relatives of a U.S. citizen can immigrate to the United States without being subject to any numerical restrictions. This means there is no visa quota allowed under the immediate relative category, unlike other close family members of U.S. citizens or permanent residents. The immediate relatives of a U.S. citizen can apply for U.S. permanent resident status without any waiting time. 

3. Obtaining Green Card through Marriage to a U.S. Citizen

A lawful permanent resident is a foreign national who has been granted the privilege of permanently living and working in the United States. If a foreign spouse wants to become a lawful permanent resident based on the fact that he or she married a citizen of the United States, the USCIS will approve an immigrant visa petition, Form I-130 - Petition for Alien Relative. This petition is filed by the U.S. citizen spouse and must be accompanied by proof of the marriage relationship.

When a foreign national marries a U.S. citizen, he or she is considered as an immediate relative of the U.S. citizen. The foreign spouse in the U.S. can file an immigrant application for permanent residence simultaneously with USCIS once the marriage has taken place. The applicant will be required to demonstrate to USCIS that the marriage was entered into good faith and not solely for the purpose of securing immigration benefits for the foreign national. 

If a U.S. citizen marries an alien abroad, an I-130 petition must be filed after the marriage to begin the immigration process for the alien spouse (husband or wife). This can be filed with the U.S. Citizenship and Immigration Services in the United States.