Q. What is considered a legally valid marriage?

A. USCIS will generally recognize a marriage as valid for purposes of Keeping Families Together if it is legally valid in the place where the marriage was celebrated, the parties to the marriage were legally free to marry, and the marriage is not contrary to the public policy of the United States or of the state where the couple resides.

The place of celebration is generally where the ceremony took place or where the officiant of the ceremony was located and where the marriage certificate was issued. Even if a marriage is valid in the place of celebration, there are circumstances where USCIS may not recognize a marriage relationship as valid for the purposes of this process, consistent with existing case law and policies for family-based immigrant visa petitions and other benefits.

Examples of the types of marital relationships that USCIS generally will not recognize for the purposes of this process include, but are not limited to:

• Civil unions, domestic partnerships, or other relationships that do not confer the same legal rights and responsibilities to the parties as a marriage recognized by a civil authority;
• Marriages that are contrary to public policy in the United States; and
• Marriages where one or both parties to the marriage are not legally free to marry or have not given consent to the marriage.

Q. Are common law marriages considered legally valid marriages for purposes of Keeping Families Together?

A. USCIS recognizes common law marriages in adjudicating immigration benefits in certain circumstances and will similarly recognize them for purposes of Keeping Families Together if:

• The parties live in a jurisdiction that recognizes common law marriages;
• The parties meet the qualifications for common law marriage for that jurisdiction;
• The marriage is valid and recognized by the jurisdiction in which the marriage was established; and
• The marriage was established on or before June 17, 2024.

If you live in a different state than where you entered into your marriage, you may still be eligible. Some states may recognize a common law marriage contracted in another state even if the recognizing state does not accept common law marriage as a means for its own residents to contract marriage.

If you are requesting parole in place under Keeping Families Together on the basis of a common law marriage, you should submit a copy of the statute, regulation, or case law that states the requirements in that jurisdiction for establishing a common law marriage. You should also submit evidence that demonstrates you met the requirements in the jurisdiction for establishing a common law marriage on or before June 17, 2024. USCIS will review the laws of the relevant jurisdiction on common law marriages and the evidence you submit to determine whether you and your spouse should be considered to be married for purposes of this process and when the marriage was established.

Q. If my U.S. citizen spouse has died, am I still eligible for Keeping Families Together?

A. If your U.S. citizen spouse has died and you have not remarried, you may still be eligible for the Keeping Families Together process. However, to be eligible for immigrant visa petition approval and eligible to apply to adjust status as a widow(er) of a U.S. citizen, you must meet other eligibility requirements.