1. The Definition of Marriage
There is no exact definition of marriage in the immigration laws. 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, the U.S. Congress interprets that marriage exists only between male and female. Thus immigration laws do not accept gay or lesbian marriages.
2. The Definition of Spouse
There is no specific statutory definition of spouse. Immigration laws define spouse more by what it is not than what it is. Immigration laws state 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.
The USCIS always considers the following factors in determining whether a spousal relationship can form the basis for an immigration petition:
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