When it comes to security clearance determinations, the Defense Office of Hearings and Appeals (DOHA) often faces cases involving romantic relationships with foreign nationals. While a relationship with a non-U.S. citizen isn’t inherently disqualifying, it raises concerns under Guideline B: Foreign Influence. Here’s what you need to know about how these cases are handled—and what adjudicators consider.
Guideline B: Foreign Influence in Focus
The foreign influence adjudicative guideline states:
“If an applicant or their spouse has a close relationship with even one relative, living in a foreign country, this factor alone is sufficient to create the potential for foreign influence and could potentially result in the compromise of classified information.”
While concerning, this doesn’t mean that loving someone from abroad automatically ends your clearance prospects. (It says the word potential after all) Adjudicators weigh several factors to assess the risks of foreign influence. Here’s how different scenarios play out:
Scenario 1: Your Spouse Isn’t American…and They’re Undocumented
Marriage to an undocumented immigrant often leads to scrutiny—not just under Guideline B but also under Guideline E: Personal Conduct. Ignoring immigration laws could signal a disregard for U.S. law, raising red flags about your judgment.
Take the case of an applicant married to an undocumented Mexican woman. Despite knowing her status, he referred to the visa process as “an inconvenience.” His clearance was denied, with the court affirming that:
“An applicant who is involved in a relationship with an individual who is in the United States illegally displays questionable judgment because of his continuing association with a person involved in criminal activity.”
Scenario 2: Your Spouse Isn’t American…but They’re a Legal Resident
Close relationships with foreign nationals are always considered under Guideline B, but legal residency can make a significant difference. The law doesn’t automatically disqualify you, as adjudicators look for mitigating factors.
For example, an applicant married an Israeli man after meeting him online. She sponsored his legal residency and disclosed their relationship early to her facility security officer. The court approved her clearance, noting:
- Israel is a parliamentary democracy with close U.S. ties.
- Her spouse followed all U.S. immigration laws.
- There was no evidence of pressure from her in-laws abroad.
Scenario 3: You’re Living with a Foreign Partner, Unmarried
Living with a foreign national doesn’t exempt you from scrutiny. In fact, cohabitation can trigger concerns about manipulation or coercion, as noted in Guideline B . Whether you’re married or not, your partner’s citizenship and ties to their home country will come into play.
Scenario 4: You Were Married to a Foreign National, but Divorced
If your relationship has ended, adjudicators will ask key questions:
- How long ago was the divorce?
- Do you still maintain contact with your ex or their family?
In one case, an applicant divorced her Cuban husband and severed all ties with him and his family for over a year. The court ruled in her favor, stating that her foreign contacts were “greatly attenuated.”
Factors That Shape the Decision
Adjudicators don’t apply a one-size-fits-all approach. They evaluate each case based on a range of considerations, including:
- Country of Origin:
The diplomatic relationship between the U.S. and the foreign national’s country matters. A partner from a democratic ally like Canada raises fewer concerns than one from a country with authoritarian governance or known intelligence operations against the U.S. - Frequency of Contact:
Regular, close contact with foreign in-laws increases risk. Sporadic or casual interactions, however, can be mitigating. - Compliance with U.S. Laws:
Adjudicators favor individuals whose foreign partners respect U.S. laws. Following proper immigration channels and disclosing relationships early are viewed positively. - Foreign Assets and Dependence:
Does your partner still own property abroad or rely on foreign government pensions? These ties can heighten the risk of foreign influence, as outlined in Guideline B ¶ 7(e). - Family Government Affiliations:
If your in-laws work for a foreign government—or rely on it financially—it raises the potential for indirect coercion. For example, in a case involving a Pakistani applicant, the court noted:“If terrorists in Pakistan wanted to expose Applicant to coercion, they could exert pressure on his in-laws…Applicant would then be subject to indirect coercion through his spouse.”
What This Means for Clearance Applicants
Relationships with foreign nationals can add complexity to the clearance process, but they’re not insurmountable. Transparency, compliance with the law, and a clear track record of mitigating foreign ties are key to navigating these challenges successfully.
Love may know no borders, but when it comes to security clearances, it’s all about mitigating the risks while respecting the rules.
