Making the decision to move abroad to the US and build a new life is a very exciting step. New friends, inspiring career opportunities, and a whole new lifestyle. A fresh start is waiting for you to dive right in with open arms!
By far one of the most exciting things about moving to the US however, is the prospect of potentially meeting your soulmate and marrying the person you will happily spend the rest of your life with. And I’m so happy you’re here either planning a wedding or thinking about this whole process!
Although marriage in the US to a non citizen can often feel like a long, drawn-out process with many hoops to jump through, it can feel a whole lot more manageable with the right guidance leading you forward.
In this post I’ll cover exactly what to expect from the overall process, however be sure to do your own research on each area to ensure you have understood all of the requirements properly.
Yes - Any US citizen or US green card holder has the legal right to marry non-US citizens.
There are however, certain rules that apply to couples going through this process depending on their specific circumstance.
The first step is for the non-US citizen partner to become a lawful, permanent resident through “adjustment of status” which allows them to begin the process of changing their temporary visa status to green card status.
There are two options in this instance.
The first option is to go through a process called “Consular Processing”, which means that the couple can get married outside the US, and the non-US citizen partner must then apply for a green card at a US consulate or embassy in that specific country.
When going through this process, both partners must file
Form l-130 and
Form DS-160, and the non US-citizen partner must
undergo a medical exam and have an interview at a U.S consulate or embassy.
The second option is for the non-US citizen partner to travel to the US on a
K-1 visa, (also known as a fiance visa).The couple is then permitted to marry in the US, and the non-US citizen partner can then change to a green card status once the wedding has taken place.
Once the marriage has been established and the green card process is underway, the US citizen partner immediately becomes the foreigner's application ‘sponsor’.
There are two separate processes depending on the status of the US sponsor.
The good news is that this process tends to be fairly quick as immigation law considers spouses of US citizens to be ‘immediate relatives’, and therefore, visa numbers are automatically made available.
The
concurrent filing method is available in this situation, which means the
Form l-130 and
Form I-485 can be filed at the same time, and covers the full application process and also arranges a biometrics appointment and the in-person interview.
The USCIS also gives a certain level of grace to foreigners waiting for their applications to go through.Therefore, should the foreigner lose their visa status throughout the process, the USCIS
will not consider this a violation due to the sponsor being a natural-born US citizen.
For foreigners marrying a green card holder, the process is slightly different and a separate set of rules do apply.
Foreigners gaining residency through a green card holder will need to file their application through the l-485 form and wait until a visa number is ready until they can adjust their status in the US.
It is important to understand that this process can often take longer as a result of the sponsor being on a green card, and that a valid visa status must be required all the way up until the visa number is made available.
Depending on the category that the applicants fall under, there are different document requirements however generally the below is required for all applications:
If you need help with
translating your documents for this process, I’d love to help. You can quickly
upload your documents via my website and get a quote in 24-48 hours.
This process can definitely take some time, so it's important to be aware of that before it begins. It is recommended to allow up to two years for the full application process to be completed.
If English isn't your first language, understanding what may need to be translated or interpreted can make the process a whole lot quicker too!
I put together this helpful article on
potential translation requirements when immigrating to the US. Go ahead, have a read and see whether any of these requirements will be applicable to you.
Although going through this process can often seem stressful and daunting, that doesn't mean that it has to be.
Moving to the US is one of the most exciting experiences a person can have, and working with a professional to guide you through the tricky translations you may need can take some stress off your shoulders.
I’d love to have your back and ensure the process is as smooth as possible, so that you can focus on the fun parts like planning your dream wedding!
Just
upload your documents here and request a custom quote. I’m looking forward to meeting you and helping you begin your journey in the US!
I'm Araceli Patino. I was born and raised in Mexico City. As an immigrant myself, I know how it feels to be in a hurry to get your documents in order to finish any legal process you are going through. I'm passionate about building bridges that allow people to communicate.
Let's work together in a hassle-free process. Just upload your documents, receive a custom quote and expect a 72 hour turnaround.
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