All You Need To Know About Marrying A U.S. Citizen
Introduction
If you’ve found the one, and you two decide to tie the knot, there could be one possible issue: they are from a foreign nation. Starting the procedure for spousal visas may seem like a challenging endeavor, but there are steps you can take to make it less complicated. Couples from all over the world may now get a legal marriage license in the U.S. regardless of their gender or nationality. A valid marriage certificate from the United States can be obtained without the couple being in the same nation.
As a result, almost anybody may marry whoever they’d like, anywhere in the world. However, there are a few considerations to make if you wish to start the immigration process for your loved one to come to the U.S. via a spousal visa. Below are some crucial points to know about marrying a U.S. citizen:
What Are The Legal Requirements Of Getting Married in the U.S.?
The legal requirements vary State-by-state – however generally speaking, a couple must fulfill the following conditions before they may be wed:
- Both parties must possess proper identification, including a driver’s license or passport, to verify their age and identity.
- A couple must be at least 18 years old to get married without parental approval.
- After receiving a marriage license, several states possess a waiting period before the couple can wed. This waiting time may last between 0 and 7 days.
- Certain U.S. states require couples to be residents of the state to be married there.
- A few states demand blood tests for certain illnesses like syphilis.
- The couple must secure a marriage license at a local government agency, such as the county clerk’s office, to get married. The pair must marry within a certain period afterwards, since the license typically expires in 30 to 90 days.
- A marriage must be officiated by a qualified individual, including a judge, clergyperson, minister/ officiant, or justice of the peace, to be legally recognized. Any extra state or municipal regulations, like having witnesses present, must also be adhered to during the ceremony.
How Can You Petition For A Spousal Green Card?
A U.S. citizen or legal permanent resident may sponsor a foreign spouse to become a legal resident in the United States by filing a petition for a spousal green card. The immigration petition and green card application are two distinct processes in this procedure.
Filing Form I-130, Petition of Alien Relative, with U.S. Citizenship and Immigration Services (USCIS) is the first step in the procedure. The U.S. citizen or permanent resident petitioner has to provide proof of their marriage’s legality and the eligibility of their foreign spouse for an immigrant visa. Depending on visa availability, the foreign spouse will be put in line for an immigrant visa once the petition is accepted. To get an immigrant visa, if the foreign spouse is outside the United States, they must go through consular procedures at a U.S. embassy or consulate in their country of residence.
The overseas fiancé will also need authorization from the police of their home country, and will need to pass a medical check as part of the procedure. To demonstrate their eligibility for a spousal visa, they must also appear in an interview at the American embassy, consulate, or USCIS office.
In particular, if the applicant is a legal resident rather than a citizen of the United States, the processing period for the immigrant visa may take months or even years. To guarantee a successful and efficient application process, it is advised to seek the help of an experienced immigration attorney. Remembering that the procedure and requirements may vary based on specific circumstances is crucial.
How To Get A Green Card Through Marriage?
One standard and easy option for non-citizens to obtain a Green Card and live permanently in the U.S. is to marry a U.S. citizen. An outline of the procedure for requesting a Green Card through marriage is provided below:
- As a partner of a citizen of the United States, you may be qualified to submit an application for a Green Card. You must, however, fulfill other requirements, including having a physical presence in the United States and not being barred from entry for any reason, such as having a criminal record.
- Submitting an I-130 petition to establish the marriage and start the procedure, the U.S. citizen spouse must submit an I-130 petition on their partner’s behalf. The U.S. Citizenship and Immigration Services (USCIS) must receive Form I-130, Petition for Alien Relative, and supporting documentation, such as your marriage license and verification of your spouse’s citizenship, on your behalf.
- You can apply for a Green Card by submitting Form I-485, Application to Register Permanent Residence or Adjust Status, with the necessary paperwork, including identity and travel papers, results of medical exams, and evidence of your ability to support yourself.
- Then you’ll receive a notification to go to a biometrics appointment. You’ll be asked to produce your fingerprints, a picture, and a signature for security checks.
- To demonstrate the marriage’s legitimacy and qualification for a Green Card, the spouse must appear in person for an interview with a USCIS official.
- If your marriage has only been active for a short period at the time of the interview, you will then be granted a conditional Green Card with a two-year validity period. The spouse will get a Green Card in the post if they are authorized.
- The spouse will be granted a conditional Green Card that is good for two years if the pair has been wedded for two years or less when the green card application is submitted. You and your spouse must complete Form I-751, Petition to Remove Conditions on Residence, jointly within 90 days of the conditional Green Card’s expiration date to maintain your conditional status and receive a permanent Green Card.
Conclusion
Getting married to a U.S. citizen outside or inside the country can be pretty troublesome when getting U.S. citizenship is concerned. However, following the step-by-step procedure mentioned above (while keeping in mind that each situation is different), and considering the key factors regarding petitioning the file can greatly help you acquire nationality legitimately and faster.
