How to Marry a Foreigner in the US: A Comprehensive Guide
Marrying a foreigner in the United States can be a joyous occasion, but it also involves navigating a complex legal process. This guide outlines the key steps involved, addressing common concerns and potential challenges. Remember, this information is for guidance only and does not constitute legal advice. Always consult with an immigration attorney for personalized assistance.
What are the Requirements for Marriage in the US?
Before delving into the immigration aspects, it's crucial to understand the basic marriage requirements within the United States. These vary by state, but generally include:
- Age: Both individuals must be of legal marrying age (typically 18, but some states allow exceptions with parental consent).
- Identification: Valid government-issued identification is required, such as a driver's license or passport.
- Residency: Depending on the state, residency requirements may exist, though typically short-term.
- Witness: Most states require witnesses to the ceremony.
- No existing marriage: Neither party can be currently married to someone else.
What are the Immigration Procedures After Marriage?
Once you're legally married in the US, the next step is for your foreign spouse to obtain a green card (permanent resident status). This involves the following:
- Form I-130, Petition for Alien Relative: The US citizen spouse files this petition with United States Citizenship and Immigration Services (USCIS). This form establishes the validity of the marriage and relationship.
- Form I-485, Application to Register Permanent Residence or Adjust Status: This form is filed concurrently (at the same time) with Form I-130, allowing the foreign spouse to adjust their status to a permanent resident without leaving the US. They will need to provide extensive documentation including, but not limited to, proof of marriage, financial support, and background checks.
- Biometrics Appointment: The foreign spouse will be required to attend a biometrics appointment to have their fingerprints and photograph taken.
- Interview: USCIS will schedule an interview with both spouses to verify the validity of the marriage. Be prepared to provide evidence of your relationship.
- Green Card Approval: If approved, the foreign spouse will receive their green card.
What Proof is Needed to Show a Bona Fide Marriage?
USCIS carefully scrutinizes marriages involving immigration to prevent fraudulent unions. Be prepared to provide substantial evidence proving your marriage is genuine and not solely for immigration purposes. This might include:
- Photos: Photos of the couple together throughout their relationship, at various locations and events.
- Financial Records: Joint bank accounts, tax returns, insurance policies listing both spouses.
- Correspondence: Emails, letters, and other forms of communication between the couple.
- Witness Testimony: Affidavits from friends and family who can attest to the authenticity of the relationship.
- Travel Records: Evidence of trips taken together.
What if My Spouse is Already in the US on a Visa?
If your foreign spouse is already in the US on a non-immigrant visa, they may be eligible to adjust their status to a green card through marriage. However, they must maintain their visa status and not violate any terms of their visa. An immigration lawyer can advise on this complex scenario.
What Happens if the Marriage Ends in Divorce?
If the marriage ends in divorce within two years of the green card being issued, USCIS may suspect immigration fraud. This can have serious consequences, and legal consultation is highly recommended.
How Long Does the Entire Process Take?
The processing time for a marriage-based green card application can vary significantly, sometimes taking many months or even years. Processing times are affected by various factors such as the individual case and USCIS workload.
Do I Need a Lawyer?
While not strictly required, hiring an experienced immigration attorney is highly recommended. They can guide you through the complexities of the process, ensure all forms are correctly completed, and represent your interests during interviews and any potential legal challenges.
This information provides a general overview. The specific requirements and procedures can be complex and are subject to change. Always seek personalized legal advice from a qualified immigration attorney to navigate this process successfully.
