Are you suggesting that marriage can be expressed as a contract between two people, without the government being involved? This is not the case.
For example, my earnings go into a account I hold jointly with my wife. If marriage carried no special privileges, then we would need to keep track of how much of the income she "received" from me, to pay gift taxes. "Ok, honey, we ordered a $20 pizza, and you ate four slices, so I guess that means you received $8 worth of income..." Fortunately, we are spared this insanity, because gifts to spouses are tax exempt. This allows us to share our money like we share our lives.
Spousal green cards, spousal privilege in court, and Social Security survivors benefits are other examples of privileges that cannot be granted through private contracts, but that require the government's involvement.
How would that be accomplished? For example, spousal residency.
Would that be a general right - any US citizen could grant permanent residency to anybody else, through a private contract?
Or would you rather eliminate the right entirely, so that if you fall in love with a foreigner, you have to hope they can make it to you through other immigration channels?
Hmm. As a fiancee visa recipient (now Lawful Permanent Resident) who is necessarily familiar with that area of immigration law, your proposal is probably more interesting than you realize.
US Citizens who wish to petition USCIS to grant permanent residency to their fiancee or spouse must, as part of the petition process, sign a form that creates a legal contract with the US Government that the US Citizen sponsor must repay any means-tested social benefits the beneficiary receives. This is in addition to the filing fees incurred as part of the process.
Given that this bond must be created as part of the process, I could see your proposal as potentially being OK, except that USCIS would have to set up rules to limit this ability if the sponsor fails in their implicit duties to get the beneficiary on their feet. Basically, I see it as potentially being a privilege, not a right.
That sounds interesting, a sort of "personal sponsorship" visa. You vouch for somebody, they get to move to the US, and you bear partial responsibility for their actions (like a parent would for a child) until they obtain traditional residency?
For example, my earnings go into a account I hold jointly with my wife. If marriage carried no special privileges, then we would need to keep track of how much of the income she "received" from me, to pay gift taxes. "Ok, honey, we ordered a $20 pizza, and you ate four slices, so I guess that means you received $8 worth of income..." Fortunately, we are spared this insanity, because gifts to spouses are tax exempt. This allows us to share our money like we share our lives.
Spousal green cards, spousal privilege in court, and Social Security survivors benefits are other examples of privileges that cannot be granted through private contracts, but that require the government's involvement.