How to Marry a Non-U.S. Citizen?: A Detailed Guide

Are you a U.S. citizen or green card holder wondering how to bring your non-U.S. citizen partner to the United States after marriage? If so, you're not alone. Many couples face the challenge of navigating immigration processes to ensure they can live together in the U.S. Fortunately, while the process can be a little difficult, it is entirely possible to get married and start a new life together in the United States.

In this guide, we'll walk you through the process of marrying a non-U.S. citizen and how to bring them to the United States, depending on your specific circumstances. Understanding the various routes can help you avoid common mistakes and make the immigration process smoother.

How To Marry a Non-U.S. Citizen?

1. If You and Your Spouse Are Already in the U.S.

If you and your future spouse are both in the U.S., your spouse may already hold a temporary visa, such as a visitor visa or work visa. If this is the case, your next step will be adjusting their status to a green card holder through a process called “Adjustment of Status” (AOS). Here's how you can proceed:

• Get Married: First, you must get married legally. Register your marriage with local authorities to ensure it is recognized.

• Apply for Green Card: Once married, you can begin the process of applying for a green card. This involves filing two forms:

1. Form I-130 (Petition for Alien Relative) – to establish the relationship.

2. Form I-485 (Application for Adjustment of Status) – to adjust your spouse’s status from a temporary visa holder to a permanent resident.

Be Aware of the 90-Day Rule: There’s an important guideline to keep in mind: If your spouse entered the U.S. on a temporary visa (like a visitor visa) and marries you within 90 days of their entry, it may raise red flags. This can lead to a denial of the green card application, so avoid marrying within that 90-day window unless your spouse entered the U.S. with the intent of marriage.

Biometrics and Interview: As part of the application, your spouse will need to attend a biometrics appointment and may also need to participate in an in-person interview with USCIS (U.S. Citizenship and Immigration Services).

2. If You Are in the U.S. but Your Spouse is Outside the Country

If you live in the U.S., but your spouse resides in another country, you have two primary options to bring them here:

1. Consular Processing: This process allows you to marry abroad and then apply for your spouse’s green card through a U.S. embassy or consulate. After filing the Form I-130 (Petition for Alien Relative), your spouse will need to attend an interview at the U.S. embassy or consulate in their home country. Following this, they will be granted an immigrant visa to enter the U.S. and become a permanent resident.

2. Fiancé Visa (K-1 Visa): If you plan to marry in the U.S., you can apply for a K-1 fiancé visa. This visa allows your future spouse to enter the U.S. to marry you. Once they arrive in the U.S., you must marry within 90 days. After the wedding, you will then file for an adjustment of status to apply for a green card (Form I-485).

Note: A K-1 visa requires that you have met in person within the last two years, and your spouse must marry you within 90 days of entering the U.S.

3. If Both You and Your Spouse Are Outside the U.S.

If you and your spouse live outside the U.S. and want to marry and live in the U.S., the K-1 fiancé visa is still an option. This visa lets your future spouse come to the U.S., marry you, and then apply for a green card. The process begins with filing a fiancé visa petition with USCIS.

Alternatively, you may choose to marry abroad and return to the U.S. to complete the green card application through consular processing. Just remember, entering the U.S. on a temporary visa (e.g., a tourist visa) with the intent to marry and adjust status may violate immigration laws, so be cautious with this route.

Special Considerations When Marrying a Non-U.S. Citizen

While the process of marrying a non-U.S. citizen is relatively straightforward, there are a few important legal and procedural considerations to keep in mind:

1. U.S. Government Recognized Marriages: The U.S. will only recognize marriages that are legally valid in the country or state where they were performed. This means that while certain types of marriages (e.g., polygamous or proxy marriages) may be legal in other countries, they won’t be accepted for immigration purposes.

2. Same-Sex Marriages: Same-sex marriages are recognized by U.S. immigration authorities, as long as the marriage was legally performed in a country that permits such marriages.

3. Marriage Fraud: The U.S. takes marriage fraud very seriously. If USCIS suspects that a marriage was entered into for the sole purpose of securing a green card, it may result in a denied application, an interview with the applicant, or even criminal charges. To avoid this, be prepared to provide evidence of a genuine, bona fide marriage, such as joint financial documents, photos, and communication records.

Conclusion

Marrying a non-U.S. citizen is an exciting step toward building your life together in the United States. Whether you're adjusting status while both of you are already in the U.S., applying for a fiancé visa, or marrying abroad, understanding the immigration process will help make the journey smoother. Be sure to consult with an immigration attorney to guide you through the process and avoid delays. With careful planning and patience, you can bring your spouse to the U.S. and start your new chapter together!

FAQs:

1. What Happens if I Marry a Green Card Holder?

If you marry a green card holder (lawful permanent resident), you can apply for a green card through a family-based petition. However, the process may take longer because of annual limits on green cards for spouses of green card holders. Your spouse will need to file Form I-130 on your behalf, and you may need to wait for a visa number to become available before you can apply for the green card.

2. Can a Green Card Holder Get Married to a Foreigner?

Yes, a green card holder can marry a foreign national, and the marriage won’t affect the green card holder’s status. However, the foreign spouse will need to go through the immigration process, such as applying for a visa or adjusting their status to join the green card holder in the U.S.

3. Can a Green Card Holder Bring Their Fiancé to the U.S.?

Unlike U.S. citizens, green card holders cannot bring a fiancé to the U.S. through the K-1 visa process. However, green card holders can apply for a family-based immigrant visa or, after marriage, petition for a green card for their spouse if they marry outside the U.S.