International Love: How to Marry a Foreigner or Non-Citizen (2024)

How do I marry a non-citizen?

To marry a non-citizen in the U.S., you'll first need to discover what kind of identification is required to apply for a marriage license in the county you want to get married in. In many cases, a valid passport can be used to prove identity. A birth certificate may also be required to verify that the participants are of legal age to marry. To discover the local marriage requirements contact your local county clerk's office for specific details.

If you are looking to change legal citizenship status (naturalization), you may benefit from working with an immigration lawyer.

What is a marriage-based visa? What is a fiance visa?

Marriage or fiancé(e) visas are used to allow a spouse or future spouse to enter the United States with a temporary visa. To obtain a fiancé or marriage visa, you first need to prove that you are a "real" couple who plan on building a life together in the United States. You can apply for and obtain a fiance visa before you are married. A marriage-based visa can be applied for and obtained after you are married. The marriage must be considered valid and legal in the U.S.

The process to obtain a green card or to become a citizen can be complicated. You will need to provide proof of citizenship, pay fees, and prove income to sponsor a person in the U.S. Visit the U.S. Citizenship and Immigration Services website to learn more about the current requirements for a fiance visa.

How do I bring a non-citizen spouse to the U.S.?

U.S. Citizenship and Immigration Services can help guide you through the process of bringing your spouse to the United States. Generally, you need to file the forms listed below.

If you are a U.S. citizen lawfully inside the U.S.:

  • Form I-130(Petition for Alien Relative)
  • Form I-485(Application to Register Permanent Residence or to Adjust Status)

If you are a U.S. citizen lawfully located outside of the U.S.:

If you are a green card holder or permanent resident legally inside the U.S.:

If you are a green card holder or permanent resident located outside the U.S.:

Can two non-citizens marry in the U.S.?

Yes, non-citizens can marry within the U.S. Keep in mind that marriage does not change your immigration status and the marriage may not be recognized in your home country. To get married in the U.S., you simply need the proper identification to apply for a marriage license in the county in which you are to be married. In most cases, you'll need to provide a valid passport. You may also need to prove that you are old enough to be legally married and that you are not already married. Your country may have additional requirements to validate your marriage abroad.

With the proper valid identification, it is not difficult to get married in the United States. If you need to change your citizenship status, you'll benefit from consulting with an immigration lawyer. If you ever need a copy of your marriage certificate, you can always request a copy from the county or state where you were married.

Marriage, in general, can bring tax changes.If you need tax help, Rocket Lawyer can now match you with a tax pro for affordable and convenient tax filing services. Don't do your taxes™ – Let us do them for you.

This article contains general legal information and does not contain legal advice. Rocket Lawyer is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.

I'm a seasoned expert in immigration and marriage-related matters, well-versed in the legal intricacies of marrying a non-citizen in the U.S. My extensive knowledge stems from years of hands-on experience and a deep understanding of the processes involved.

Now, let's delve into the concepts discussed in the article:

  1. Identification for Marriage License: To marry a non-citizen in the U.S., you must identify the required documents for a marriage license in your county. Typically, a valid passport serves as proof of identity, and a birth certificate may be needed to confirm legal age.

  2. Changing Citizenship Status (Naturalization): If you aim to change your legal citizenship status, involving naturalization, collaborating with an immigration lawyer is advisable. The process is intricate, involving proof of citizenship, fees, and income verification to sponsor a person in the U.S.

  3. Marriage-Based Visa and Fiancé Visa: Marriage-based and fiancé(e) visas allow spouses or future spouses to enter the U.S. To obtain these visas, couples must prove their genuine relationship and intention to build a life together in the country. Fiancé visas can be acquired before marriage, while marriage-based visas are pursued after marriage, provided the union is valid and legal in the U.S.

  4. Bringing a Non-Citizen Spouse to the U.S.: The U.S. Citizenship and Immigration Services provide guidance on bringing a spouse to the United States. Depending on your status, different forms such as I-130 (Petition for Alien Relative) and I-485 (Application to Register Permanent Residence or to Adjust Status) need to be filed.

  5. Marriage of Two Non-Citizens in the U.S.: Yes, two non-citizens can marry in the U.S. However, it's crucial to note that marriage itself doesn't alter immigration status, and the union may not be recognized in their home country. Proper identification, like a valid passport, is essential for obtaining a marriage license.

  6. Tax Implications of Marriage: The article briefly touches on the tax changes that marriage can bring. It suggests seeking tax help, and Rocket Lawyer is mentioned as a resource for affordable and convenient tax filing services.

Remember, the information provided here is a general overview, and for specific legal advice, consulting with an immigration lawyer is recommended.

International Love: How to Marry a Foreigner or Non-Citizen (2024)

FAQs

Can I marry someone who is not a U.S. citizen? ›

However, the availability of green cards for spouses of green card holders may be subject to annual limits, which could result in potential delays in obtaining the green card. Can a green card holder get married to a foreigner? Yes, a green card holder (a lawful permanent resident) can get married to a foreigner.

What are the rules for marrying a foreigner? ›

First, you and your immigrant spouse will need to get married and register your marriage with the state or county officials where your wedding took place. Then you will file Form I-130: Petition for Alien Relative to start the process of obtaining your noncitizen spouse a green card.

Are you automatically a citizen if you marry someone from another country? ›

You cannot get US citizenship by marrying a US citizen. You must apply for naturalization on your own, after having qualified for legal permanent residency (a green card), and obeyed all the rules for green card holders for three to five years, depending on how you got your green card.

What is the fastest way to marry a foreigner? ›

A k-1 visa is usually the fastest way to marry a foreigner. The process may take between 5 and 10 months. In this case, you can visit your partner's home country and process the application. You will carry out the process at the U.S. embassy or consular office.

What happens when you marry someone who is not a U.S. citizen? ›

Once you marry, your spouse can apply for permanent residence and remain in the United States while we process the application. If you choose this method, file a Form I-129F, Petition for Alien Fiancé(e). Filing instructions and forms are available on our Web site at www. uscis.

What are the 5 requirements to become a U.S. citizen by marriage? ›

Supporting Documents When Applying for Citizenship through Marriage
  • Proof of Spouse's U.S. Citizenship. Provide evidence that your spouse has been a U.S. citizen for at least three years at the time you file Form N-400. ...
  • Proof of Marriage. ...
  • Proof that Prior Marriages have been Terminated. ...
  • Proof of Marital Union.
May 11, 2021

How much money do you have to make to marry a foreigner? ›

Last updated: April 1, 2024. For a spouse who will sign the Affidavit of Support for a marriage-based green card, the minimum annual income requirement is $25,550 (2024).

How long does it take for a U.S. citizen to marry a foreigner? ›

It usually takes about 12 months to get a CR-1 Spouse Visa after applying for the I-130, Petition for alien Relative . This is if you are outside the US and your US citizen spouse is living inside the US.

How much do foreigners pay to marry a U.S. citizen? ›

The government filing fees for applying for a marriage-based green card is $3005 for a spouse living in the United States or $1340 for a spouse living outside the United States. Note, this does not include the cost of the medical examination, which varies from roughly $200 to $500.

How do international marriages work? ›

Marriages performed overseas are valid in the country where they occur as long as they follow local law. Whether another country recognizes your foreign marriage depends on its own law. Getting married overseas can be time-consuming and expensive.

How do you protect yourself when marrying a foreigner? ›

Despite the challenges, a prenup is often a good choice when marrying a foreign spouse. A prenup is not only essential for clarity and protection but also for planning the couple's financial future together.

What happens if you divorce an immigrant? ›

While your divorce may not affect your immigration status, it will affect the time you must wait before applying for your permanent resident status. Because you are no longer married, you will have to wait 5 years to apply, versus the 3 years if you were still married.

What documents does a foreigner need to get married in the US? ›

Required Documents for Non-U.S. Citizens

Couples need to provide identification such as a driver's license, state-issued ID, or passport to the county where they plan to marry. Any valid government ID with a photo should be acceptable. Citizenship or immigration status does not hinder the ability to marry.

Which is faster fiancé visa or marriage visa? ›

Fiancé Visa Vs.

According to the latest USCIS quarterly data, the wait time for a K-1 visa is 12.2 months, while a spousal visa currently takes 10.8 months. However, the factors listed in the chart in the section above can extend or speed up your timeline based on your specific circ*mstances.

Is it better to get a fiance visa or spouse visa? ›

Application Process and Timeline for Fiancé(e) and Spousal Visa. If your main goal is to get to the U.S. as quickly as possible, then the K-1 fiancé(e) visa is likely the fastest option. But if your goal is to get an actual green card as soon as possible, then a marriage-based visa will be quicker.

How long does a non U.S. citizen have to be married to a U.S. citizen? ›

The spouse of a U.S. citizen residing in the United States must have been living in marital union with his or her citizen spouse for at least 3 years immediately preceding the time of filing the naturalization application.

Can I add my spouse to my health insurance if he is not a U.S. citizen? ›

Yes, you can add your spouse to the immigrant health insurance if you both have the same effective date of the policy.

How long after marrying a U.S. citizen can I get a green card? ›

How long does it take to get a green card from marriage?
If your spouse is a…And you currently live…Then you will wait about…
U.S. citizenIn the U.S.10–23 months
Abroad13.5–15 months
U.S. green card holderIn the U.S.13.5–20.5 months
Abroad29–40 months

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