How To Marry a Non-US Citizen

You finally decide to tie the knot with the love of your life. However, your partner is from a different country, and you’re from the U.S. How do you marry your soul mate and ensure no one faces any legal issues in the future? Don’t worry because this guide on how to marry a non-U.S. citizen has your back.

It answers several questions about marrying your partner when they’re not from the U.S. You’ll know what documents you need and steps to follow to ensure everyone has a smooth experience. 

Continue scrolling to learn how to get married in the U.S. as a foreigner and create an unforgettable memory.

Can Undocumented Immigrants Get Married in the U.S.?

Yes, undocumented immigrants can marry in the U.S. if you or your partner is a U.S. citizen. This is because authorities will ask at least one person to provide their government ID. After the marriage, you or your spouse will fall under the immediate relative category. 

This allows the undocumented immigrant to apply for a green card. They’ll receive a conditional green card, valid for two years. At least 90 days, i.e., three months before the conditional green card expires, your partner must file a petition. 

Your spouse may have to submit a waiver of inadmissibility request if they’re ineligible to apply for a green card.

Essential Documents for Foreign Nationals in the U.S.

If you or your partner aren’t from the U.S., ensure you have the following documents:

• Birth certificate: Some counties use the birth certificate to verify the partner’s age and identity.
• Divorce or death certificate: If you or your partner married someone else, you need to present the divorce or death certificate. This indicates the previous marriage is no longer valid.
• Photo ID: You need to show photo IDs, like your passport, to verify your identity.
• Affidavit of eligibility to marry: Certain states will ask you to show that you or your spouse is eligible to tie the knot. 
• Proof of residency: You may need to submit your visa, residence permit, or other supporting documents to prove your residency.

If any documents you need to submit are in a language other than English, you must translate them. This ensures the authorities will accept your files. Rapid Translate can help you with this task, as we have years of experience providing document translation services for marriages. 

Thanks to our expert and certified translators, we can provide accurate translations in over 60 languages. We can expedite the translation process so you can receive up to three pages of your document within 12 hours. 

Our team provides marriage certificate translation and other translation services so you can use your documents internationally.

Plus, we offer 100% USCIS acceptance as we are confident that our translations will always meet this institution’s requirements.

Immigration Prerequisites

Here are some immigration prerequisites you or your partner have to fulfill to move to the U.S.:

• You and your spouse are of the legal age to marry
• The non-U.S. citizen doesn’t have any criminal convictions
• You and your partner legally terminated the previous marriage, if applicable
• You nor your spouse didn’t apply for a green card in less than 90 days after entering the U.S.
• You must use certified translation services if your or your partner’s documents aren’t in English.

Marrying a Foreign National in the United States

Here’s how to get married to a foreigner in the U.S.

Confirm Legal Eligibility for Marriage

You must first ensure everyone meets the legal requirements for marriage. For starters, you and your spouse must be of legal age. As you may already know, this can vary depending on the state. Plus, anyone who is already married must legally annul the relationship.

Secure the Appropriate Visa

This is crucial because the type of visa you obtain determines when you should marry. Here are some of the U.S. visas you must know about:

• K-1 visa: With the K-1 visa, your partner can legally travel to the U.S. After they enter the country, you must marry them within 90 days. Otherwise, the visa will be void, and they will have to leave the U.S.
• B-1, B-2, work, or study visa: If your partner is already in the U.S., you don’t have to apply for the K-1 visa. In this case, you can go ahead and marry your spouse. After the marriage, you have to start the Adjustment of Status process. This converts your partner’s visa to a green card.
• CR-1 spousal visa: Choose this visa if you have already married your partner outside the U.S.
• IR-1 visa: The IR-1 visa is for marriages longer than two years.

Apply for a Marriage License in Your State

You need to get a marriage license from your state to tie the knot with your partner. This is important because it ensures the government legally recognizes your partnership. Go to the county clerk’s office and make an appointment. 

As highlighted earlier, you must carry various supporting documents to verify your identity, address, and marital status. If these documents aren’t in English, use our online translation service to change the language quickly.

You may also have to ask witnesses to participate in this process. Remember, your witnesses should know you for a minimum of six months.

Conduct the Marriage Ceremony

After you receive the green light, i.e., your marriage license, choose the perfect date to marry your partner. There are no restrictions as to where you can have the wedding. You’ll need an officiant, i.e., a judge, mayor, or licensed minister, to conduct your wedding.

Complete and Sign the License

Once the ceremony ends, you, your spouse, and the officiant will sign the marriage license. Depending on the state, witnesses may also have to sign this document. The officiant will submit the paperwork to the county clerk’s office. 

Obtain the Official Marriage Certificate

The county clerk will send a certified copy of your marriage certificate to your address. This document proves you are legally married to your partner.

Civil Marriage in the U.S. for Foreigners: Visa Application Guide

The visa you select is essential because it determines what your partner needs to do to legally enter the U.S. Follow this guide to understand which one to choose.

Choose the Correct Visa Category

Here are the differences between various visa categories:

• K-1 visa: Apply for this visa to marry your spouse within 90 days of entering the U.S.
• CR-1 visa: To be eligible for the CR-1 visa, your marriage shouldn’t be older than two years. With the CR1 visa, your spouse gets a two-year conditional green card. They can remove the conditions and get a 10-year green card.
• IR-1 visa: Choose the IR-1 visa if it’s been more than two years since you married your spouse. The IR-1 visa gives your partner a 10-year green card.

How To Apply for a K-1 Fiancé(E) Visa (for Engaged Couples)

Here’s how you can apply for the K-1 visa for your partner:

1. Use our immigration translation service if your documents are in a foreign language. If they are already in English, proceed to the next step.
2. Submit Form I-129F with the U.S. Citizenship and Immigration Services (USCIS) and attach the following documents with this application:
   1. Passport or birth certificate that proves your U.S. citizenship
   2. Photos and other forms of evidence that show your relationship with your partner
   3. A statement of intent informing the authorities that you will marry your spouse within 90 days
3. USCIS will review your application. Once they approve your petition, they’ll send your application to the National Visa Center (NVC). If everything is okay, they’ll send the petition to the U.S. Embassy in your partner’s country.
4. Once your partner gets approval for the K-1 visa, they must visit the U.S. as soon as possible.
5. You should conduct the wedding and legally marry your partner within 90 days.
6. You need to submit Form I-485, aka Adjustment of Status. This allows your partner to get a green card and become a permanent resident.
7. You and your spouse must attend the USCIS interview. The authorities will confirm the authenticity of your marriage.

How To Apply for a CR1 Spousal Visa (for Married Couples)

If you married your partner outside the U.S., here’s how you can apply for the CR-1 spousal visa:

1. If your partner’s documents are in a foreign language, check with USCIS if you need to use notarized translation services.
2. Submit Form I-130 to the USCIS. You also have to include the following supporting documents:
   1. Marriage certificate
   2. Messages between you and your partner
   3. Photos of you and your partner
   4. Joint bank account, property, or proof of paying bills
3. NVC will receive the petition from USCIS. Your partner has to file the DS-260 Immigrant Visa Application. They also have to show who is sponsoring your spouse. 
4. The U.S. Embassy in your partner’s country will get the petition. Your spouse must get a medical examination from a physician approved by the embassy. 
5. Your partner will have to attend the visa interview. During this process, they should prove the authenticity of your marriage. The embassy’s officials will ask your spouse to submit documents verifying your union.
6. If your spouse gets the approval from the U.S. Embassy, they’ll receive the CR-1 or IR-1 visa.

Legal Procedures After Marriage for Non-US Citizens

Hang on, there are a few more legal procedures you must complete to live with your spouse. Here’s what you need to do.

Step 1: Get a Certified Copy of Your Marriage Certificate

Make sure you receive the certified marriage certificate from the county clerk’s office. This document is vital for helping your spouse legally immigrate to the U.S.

Step 2: File for a Green Card (Adjustment of Status)

You need to convert your partner’s visa to a green card. As highlighted earlier, file the I-485 application. Your spouse has to show their ID, medical exam report, and marriage certificate, and verify the authenticity of your relationship.

They’ll need to participate in the USCIS interview. During this interview, the authorities will question various aspects of your relationship. How you and your spouse answer determines whether your partner will receive the green card.

If your partner gets a conditional green card because of the CR-1 visa, you need to submit Form I-751. Remember to do this within 90 days before the conditional green card expires. Once they complete this process, they will get a 10-year green card.

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Step 3: Provide Proof of a Legitimate Marriage

USCIS will verify the authenticity of your marriage. Here are some ways to provide concrete evidence of your relationship:

• Joint bank accounts, utility bills, and credit cards,
• Photographs with you and your spouse. Bonus points if you also have pictures with your and your partner’s family.
• Travel records that show you traveling with your spouse
• Emails, messages, and any other form of communication between you and your spouse
• Sworn statements from your family, friends, colleagues, or employer about your relationship

What Happens if You Get Married While on a Tourist Visa in the USA?

Can you get married in the U.S. on a tourist visa? Yes, getting married while on a tourist visa in the U.S. is common. However, there are a few things you need to remember to navigate the legal process:

• You must wait over 90 days to apply for a green card. Otherwise, USCIS will flag your application and assume you were attempting to mislead the authorities. As a result, they’ll deny your application and revoke your existing visa.
• You and your partner should have good reasons for marrying each other. If authorities notice the real intention was to marry a U.S. citizen, it will become a problem.
• When applying for the Adjustment of Status, you cannot leave the country until you receive a verdict from the authorities. Otherwise, officials will deny your application, making it harder to return to the U.S.

FAQ

Understanding how to marry a non-U.S. citizen can be confusing because of the processes and paperwork involved. If you have any questions, we suggest you go through this section.