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Immigration Through Marriage

If you want to marry a non-US citizen, you have options to bring your fiancé over to the states.

Either Immigrant visa for a Spouse of a U.S. Citizen or Nonimmigrant visa for spouse. Note that a fiancé visa is different from a marriage green card. The future spouse could come to the U.S. on a fiancé visa which means that the marriage then happens in the United States. Alternatively, you could get married outside the U.S., and the U.S. citizen could sponsor the foreign fiancé for a green card.

If your fiancé is overseas and you want to marry them in United States. This visa lets your fiancé enter the United States for 90 days so that your marriage ceremony can take place in the U.S. Once married your now spouse can stay in the U.S. until the permanent residence application is processed. In addition, permanent residents who are legally married to an green card holder are able to apply for naturalization if they have been residing in the United States for at least five years prior to applying.

The requirements for the visa are:

  • You are a U.S. citizen.
  • You and your fiancé(e) intend to marry within 90 days of your

fiancé(e) entering the United States.

  • You are both free to marry.
  • You have met each other in person within 2 years before you file.

There are two exceptions to the rules:

  • If the requirement to meet your fiancé(e) in person would violate strict and long-established customs of your or your fiancé(e)'s foreign culture or social practice.
  • If you prove that the requirement to personally meet your fiancé(e) would result in extreme hardship to you.

Make sure to include any unmarried children under the age of 21, they may be able to enter as well. Also, note the 90-day requirement cannot be extended.

Discuss your options with an attorney.

This is a legal blog. It is not intended to be used as legal advice. This blog does not create Attorney-Client Relationship. For further information please contact the law offices of attorney Ramona Kennedy.

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