Marrying a Non-U.S. Citizen: Steps
- By Fileright
- Last Updated:
Introduction
Love is the universal language that transcends countries, borders, barriers, and differences.
Susan C. Young
We wish you the heartiest congratulations on your decision to marry your partner. If you are planning to or have married a non-US citizen, you might wonder how you can live with your spouse in the US.
As a US citizen or a green card holder, by following the immigration process, you and your partner can set up your dream life in the US. Depending on whether you and your spouse live in the US, there can be three ways of getting your future spouse a green card.
In this blog, we will cover the step-by-step process of getting your future spouse an immigrant visa so they can lawfully enter and stay in the US, and discuss how you can manage the hurdles in the immigration process, avoiding the common pitfalls and mistakes.
What Is The Immigration Process If Both Partners Are Present In the US?
The most common situation arises when you and your future spouse are both living in the US. You don’t have to worry if your spouse already has an immigrant visa. If your spouse is currently on a non-immigrant visa or a temporary worker or visitor visa, such as a B1 or a B2 visa, then you need to apply for a green card by going for an adjustment of status.
Here’s a step-by-step process on what you have to do
Step 1- Marriage Certificate
Apply for a marriage license through the county clerk’s office in the state where you want to get married. After your marriage ceremony, you must register your marriage with the same office where you will get a marriage certificate.
With this option, you need to remember the USCIS’s 90-day rule, which is used to determine whether a person filing for adjustment of status misled the USCIS officers or misrepresented their intention to temporarily stay in the US.
If your fiancé entered the US on a non-immigrant visa and married you within 90 days of their arrival and applied for a green card, chances are that the USCIS can deny the green card application and also revoke their visa, making it much more difficult for them to enter the US in the future.
Step 2- Filing Forms
After your marriage, you would have to file Form I-485, Application for Adjustment of Status, and Form I-130, Petition for Alien Relative, concurrently. As a US Citizen/LPR, you will be the sponsor and your future spouse the beneficiary. To file these forms concurrently, you will have to file and mail them at the same time to the exact filing location.
Please ensure that both you and your future spouse are physically present in the US; otherwise, the concurrent filing will not be processed.
Step 3- Biometrics Appointment and Interview
After the USCIS receives your form, you will be mailed a notice at the physical address you provided. The notice will schedule a biometrics appointment and an in-person interview. After you attend your interview, the USCIS will approve or deny your application for adjustment of status.
Step 4- Wait For A Green Card
If you are a U.S. citizen, a green card will be readily available to your future spouse if their application to adjust status is approved. However, if you are an LPR, your spouse will have to wait until a green card becomes available. So, your spouse will have to maintain a valid visa status until they can apply for a green card.
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What Is The Immigration Process If You Are Present In the US But Your Partner Isn’t?
If you are present in the US, but your partner isn’t, you can help them get a green card in 2 ways. While the first way can be used only by a US Citizen, the second way can be used by both a US citizen and an LPR.
Apply For A K-1 Visa
As a U.S. citizen, you have an additional option to help your fiancé get a green card by applying for a K-1 Visa. Here’s how you can apply:
- File Form I-129F, Petition for Alien Fiancé: Fill out and submit the form, attaching the supporting documents and giving proof of relationship. Remember to pay the filing fee of $675
- File Form I-134, Affidavit of Support: If your I-129F is approved, you can move to the next step and complete Form I-134.
- Medical Examination and Visa Interview
- Marry: Once your fiancé comes to the US on a K-1 visa, you can marry them within 90 days of arrival.
After marriage, your future spouse can apply for an adjustment of status. For this, your future spouse will have to get a biometrics appointment and an in-person interview with a USCIS officer.
While the application for adjustment of status is pending, if your future spouse is seeking employment, they will have to apply for a work permit by filing Form I-765, Application for Employment Authorization. Also, a travel permit will be required beforehand if they wish to travel outside the US.
Go For Consular Processing
The second option available when you are in the US but your partner is not is to go for consular processing, where your future spouse applies for a green card from outside the US. Here’s what the process looks like:
- Get Married: You can travel to the country where your future spouse lives and get married. Do carry a proper marriage certificate issued by the local civil authority.
- File Form I-130, Petition for Alien Relative
- File Form DS-260: After your I-130 is approved, the National Visa Center (NVC) will inform you, and you can electronically file DS-260
- Undergo a Medical Examination
- In-Person Interview: This is usually taken at the US Embassy or Consulate that is located nearest to your spouse
If your future spouse is approved in the interview, they will get a green card.
What Is The Immigration Process If You And Your Partner Aren’t Present In The US?
What if you and your future spouse are both living outside the US, and after marriage, you want to settle down and stay in the US? Don’t worry, we have immigration solutions for this as well.
As a U.S. citizen, the best option for you and your future spouse is for your spouse to get a K-1 visa. With a K-1 visa, your spouse can come to the US and marry you, after which they can file for adjustment of status and get a green card.
Even if you want to marry your future spouse in the US and then return abroad, you can do this. Just apply for a temporary visa for your future spouse, get married in the US, and then you and your future spouse can return. However, with this option, you risk triggering the 90-day rule, which can create complications if your future spouse wants to apply for a green card in the future.
Getting Married In A Foreign Country
Another option available to you is if you decide to marry a non-US Citizen in a foreign country and live there for some time. The US will recognize your marriage as long as you get a valid marriage certificate from that country’s recognized civil authority and register your marriage. However, in that case, you will have to abide by that country’s civil rules and marriage customs, including laws related to eligibility to marry, divorce, alimony, child custody, etc.
If you and your spouse later wish to relocate to the US, your future spouse can file an I-130 petition and apply for an immigrant visa. The future spouses of an LPR will have to wait for a green card to become available before they can immigrate.
If you have already entered the US, while your spouse is living abroad, waiting for a green card to become available, you can file an I-129F and apply for a K-3 visa for your spouse to reduce the duration of physical separation.
Conditional Green Card
Filing for a green card within 2 years of marriage can lead to your future spouse getting a conditional green card, CR-1. To get a regular green card and remove conditions of lawful permanent residence, your spouse will have to demonstrate that the marriage is genuine and file an I-751, Petition to Remove Conditions on Residence.
What Considerations Are Applicable If Marrying In A Foreign Country?
As a US Citizen/LPR, marrying outside the US is perfectly acceptable and legal. However, you will have to remember some important rules and procedures to ensure that your future spouse’s immigration process is not threatened:
- Marriage Certificate: For immigration purposes, the USCIS will not accept a marriage certificate if it is not issued by a recognized state or national authority of the foreign country.
- Marriage Rules: If you entered into a polygamous marriage or an underage marriage, then for immigration purposes, it will not be recognized by the USCIS, even if it was valid in the foreign country.
- Circumventing Immigration Laws: Based on documents and evidence available, if the USCIS officer processing your future spouse’s immigration application believes that the marriage is not genuine, bona fide, and is entered only for immigration purposes, then it will not be recognized by the USCIS.
- Same-Sex Marriage: Although the USCIS recognizes the validity of same-sex marriage, you will have to provide a valid marriage certificate proving that your same-sex marriage was legal in the foreign country as well.
By remembering these rules, you can avoid some of the common mistakes made in the immigration process and reduce the chances of your future spouse’s green card application being denied.
Conclusion
Taking the first step on your future spouse’s immigration journey can feel overwhelming, but every step brings you closer to your dream of building a life together in the US. Whether you and your future spouse are living in the US, in separate countries, or planning to get married abroad and then settle in the US, there are different immigration solutions available.
By understanding the various steps and options for getting a green card for your future non-US citizen spouse, you can decide on the best course of action and start your new life in the US.
How FileRight Can Help?
Filing different immigration forms and applying for a green card can get complicated, even if you are familiar with the immigration laws. With the help of seasoned professionals of FileRight, you can not only ensure the accuracy of the applications you file, but with our error-free online application software, you get to know the mistakes in your application, avoiding delays and denials.
Confused about which immigration path is best for you? Consult FileRight’s immigration experts today!
