Tying the knot with a partner who is not a citizen of the United States can be a daunting task, as it entails a plethora of legal procedures and formalities to be fulfilled. The process can be challenging, but with proper guidance and support, it is achievable to navigate through the hurdles and achieve a positive outcome. Couples who met each other through the internet on dating websites like GoldenBride may have the added complexity of having to prove the authenticity of their relationship.
The first step in the process is for the non-U.S. citizen to obtain a fiancé(e) visa, also known as a K-1 visa. This visa allows the foreign national to enter the United States for 90 days in order to marry their U.S. citizen partner. To apply for a K-1 visa, the U.S. citizen partner must file a petition (Form I-129F) with U.S. Citizenship and Immigration Services (USCIS). The petition must include evidence of the couple’s relationship, such as photographs, emails, and other forms of communication. It must also include a copy of the couple’s birth certificates, and proof of the U.S. citizen’s citizenship, such as a passport or birth certificate.
Once the petition is filed, it will be reviewed by USCIS. If it is approved, it will be forwarded to the National Visa Center (NVC) for processing. The NVC will then send the case to the U.S. embassy or consulate where the non-U.S. citizen will apply for their visa. The non-U.S. citizen will be required to complete several forms, including the DS-160, pay a fee, and submit several documents, including their birth certificate, police clearance certificate, and medical examination. They will also need to attend an interview at the U.S. embassy or consulate.
The U.S. embassy or consulate will process the case and, if the non-U.S. citizen is found to be eligible for the K-1 visa, will issue it. The non-U.S. citizen can then use the K-1 visa to enter the United States. Once in the U.S., the couple must get married within 90 days. After the wedding, the non-U.S. citizen can apply for adjustment of status to permanent resident (Form I-485). This application must be filed with USCIS, along with supporting documents and fees.
It is important to note that the adjustment of status process can take several months to complete. During this time, the non-U.S. citizen will be granted a work authorization and travel document. Once the application is approved, the non-U.S. citizen will be issued a green card and will be able to live and work in the United States permanently.
It’s important to keep in mind that the process may take months or even years and it could be subject to change with the immigration laws and policies. It’s important to have the guidance of an experienced immigration lawyer to help you navigate the process and to avoid any errors or mistakes that could delay or even prevent the approval of the K-1 visa or the adjustment of status.
In summary, marrying a non-U.S. citizen can be a complex process, but with the right guidance and assistance, it is possible to achieve a successful outcome. The process typically involves obtaining a fiancé(e) visa, getting married within 90 days of entry into the U.S., and applying for adjustment of status to permanent resident. It’s important to work with an experienced immigration lawyer to help you navigate the process and to avoid any errors or mistakes that could delay or even prevent the approval of the K-1 visa or the adjustment of status.
U.S. Citizen Marrying a Foreigner or Immigrant – FAQs
Is It Legal to Marry a Non-U.S. Citizen?
Yes, it is legal to marry a non-U.S. citizen in the United States. However, there are certain steps and procedures that must be followed in order for the non-citizen spouse to be able to live and work in the country. This can include obtaining a fiancé visa, also known as a K-1 visa, or going through the process of adjustment of status. It’s important to seek guidance from an immigration attorney to ensure the process is handled correctly.
Can I Marry the Same Sex Foreign Partner?
Yes, it is legal to marry a same-sex foreign partner in the United States. The Supreme Court of the United States ruled in 2015 that same-sex marriage is a constitutional right. The process of sponsoring a same-sex foreign partner for a green card is the same as for an opposite-sex partner. However, not all countries recognize same-sex marriage and the laws regarding marriage and immigration may vary depending on the country of origin. It’s important to seek guidance from an immigration attorney to ensure the process is handled correctly.
Will My Immigrant Spouse Become a U.S. Citizen Automatically?
No, your immigrant spouse will not automatically become a U.S. citizen. They will need to go through the process of naturalization to obtain U.S. citizenship after obtaining a green card. It’s important to seek guidance from immigration lawyers for the process.