Marrying someone from another country can be a wonderful adventure, but it comes with its own set of complexities, particularly when it comes to US paperwork. This guide will walk you through the essential documents and steps you need to take to ensure that your union is recognized legally in the United States.
Understanding the Basics
Before diving into the specifics, it’s important to understand what marrying a foreigner entails from a legal standpoint in the US:
- Marriage is a state matter; hence, you’ll need to comply with the laws of the state where you plan to marry or where you’ll be residing.
- The federal government comes into play when immigration is considered, especially if your spouse wants to live in the US permanently.
The Pre-requisites
To marry in the US or to bring your foreign spouse here, several steps must be followed:
Proof of Identity
Both parties will need to provide:
- Valid photo identification - Typically, a driver’s license or passport.
Valid Immigration Status
If your partner is not a US citizen, ensure:
- Your foreign spouse has a valid visa allowing them to stay in the US until the marriage is processed. This could be a tourist visa, student visa, or another non-immigrant visa.
Essential Documents for Marriage
Here are the documents you’ll need for the marriage license application:
Marriage License Application
To get married in the US:
- Obtain a marriage license from the state you’re marrying in.
- Fill out an application form, available at the county clerk’s office or online.
Birth Certificate
Both parties should provide:
- An original or certified copy of their birth certificates.
Proof of Single Status
- Divorce decree or death certificate if you’ve been previously married.
- Some states require proof that neither party is currently married.
Foreign Spouse Documentation
- If not a US citizen, a copy of the passport with visa stamp or other immigration documentation showing legal status.
Post-Marriage Steps
After getting married, these steps are necessary:
Marriage Certificate
- Register your marriage certificate with the relevant state authority.
Adjustment of Status
If your spouse plans to live in the US permanently:
- File Form I-130, Petition for Alien Relative, to establish the relationship.
- Then, file Form I-485, Application to Register Permanent Residence or Adjust Status, if your spouse is already in the US.
Immigrant Visa Process
If your spouse is outside the US:
- Start by filing the Petition for Alien Relative (Form I-130).
- Your spouse will apply for an immigrant visa at their local US consulate or embassy.
Tips for Smooth Processing
Here are some tips to ensure your paperwork goes smoothly:
- Start early - Immigration processes can take time, so begin as soon as possible.
- Use certified translations - If any documents are in a foreign language, provide certified translations.
- Keep copies - Maintain both originals and copies of all documents submitted.
💡 Note: Ensure all documents are up-to-date, and consult with an immigration attorney if your situation has complexities, like previous marriages, criminal records, or if your spouse has overstayed their visa.
In navigating the US paperwork for marrying a foreigner, preparation and understanding the necessary steps are key. This guide covers the basics, but laws can change, and individual circumstances might require additional considerations. Always remember that timely, accurate documentation not only eases the process but also significantly impacts the waiting period for your spouse to gain legal residency. By approaching this process with patience and due diligence, you'll set a solid foundation for your shared future in the United States.
What if we married outside the US?
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If you married outside the US, your marriage will be recognized if it was legally performed in the country where you got married, but you’ll still need to provide documentation to USCIS when applying for immigration benefits.
Can my foreign spouse enter the US on a tourist visa with plans to get married?
+Yes, but they must be honest about their intentions at the border, as intent to immigrate can affect visa issuance. It’s better to apply for a K-1 fiancé visa if the intent is to get married in the US.
How long does the process take to bring a foreign spouse to the US permanently?
+The adjustment of status process can take around 6 to 12 months if your spouse is already in the US, or about a year or more if they are abroad, including the time for visa processing.
Do we need to get the marriage translated if it was conducted in a foreign language?
+Yes, any document not in English will need a certified translation for USCIS to consider it valid.
Can my foreign spouse work while we’re waiting for the adjustment of status?
+Yes, after filing Form I-485, your spouse can apply for an Employment Authorization Document (EAD) which allows work authorization while the application is pending.
