You met during an unforgettable trip, built a relationship across boarders and now marriage is in your future. While it may sound like a reality show storyline, international marriages are common – and exciting. They can also come with complex legal considerations.
If you’re planning to marry a non-U.S. citizen, it’s important to understand the immigration rules that apply before your fiancé or spouse comes to the United States. Immigration laws and processes change frequently, and even small mistakes can lead to delays, added costs or denials.
Does marriage grant U.S. citizenship?
No, marriage alone doesn’t grant a person U.S. citizenship, nor does it automatically grant the right to live or work in the United States.
Instead, marriage is typically the starting point of a multi-step process that may include:
- Obtaining the appropriate visa
- Applying for lawful permanent resident status (a green card)
- Meeting eligibility requirements to apply for U.S. citizenship through naturalization
The road to citizenship can be a long one. Each step involves time and lots of documentation. Be careful during this process: improper disclosure and inaccuracies can delay or prevent residency or citizenship.
The U.S. Citizen and Immigration Services (USCIS) offers information and resources to help navigate the process we’ve outlined below. Depending on the status of your relationship, you may not encounter all the steps outlined below.
Bringing your fiancé to the United States
If your significant other lives overseas and the wedding will take place in the United States, you’ll need to follow certain steps to ensure proper visas are in place. A visa is proof of a government’s approval for a foreign citizen to enter the U.S.
The visa for a fiancé is officially known as a K-1 visa. To obtain a K-1 visa you will first need to complete a Petition for Alien Fiancé form. You will also need proof of the identity, valid passports, medical examinations and evidence of your relationship. (There is no specific list of what’s considered evidence of a valid relationship, but it may include photos, communications and joint travel.)
Once the visa is approved, your fiancé is able to immigrate to the United States and the two of you have 90 days to marry. If the marriage doesn’t take place within the 90 days allowed by the visa, they must leave the United States.
Applying for permanent resident status (a green card)
Once you’re married, you can apply to change the foreign spouse’s status to permanent resident status, which is commonly referred to as having a “green card.”
What to expect
- If the green card is approved less than two years after the marriage, your spouse will receive conditional permanent residency.
- Conditional residence is valid for two years.
- Before it expires, both spouses must jointly request removal of the conditions.
After conditions are removed, the green card is typically valid for 10 years and must be renewed as required. Despite the name, permanent resident status may be lost due to non-residency, failure to file taxes or voluntary withdrawal.
Becoming a U.S. citizen through naturalization
Some – but not all – permanent residents choose or qualify to apply for U.S. citizenship through naturalization. Naturalization is the process of a permanent resident becoming a full citizen.
For spouses of U.S. citizens, common eligibility requirements include: Being at least 18 years old.
- Holding a green card for at least three years.
- Being married and “living in marital union” with a U.S. citizen for three years before applying and up until examination of the application.
- Living in the state where filing the application for at least three months before applying.
- Having been in the United States for at least 18 months of the last three years before applying and reside continuously in the United States from the moment of applying until naturalization.
- Demonstrating the ability to read, write and speak English.
- Passing a U.S. civics test.
Naturalization includes a formal application, an interview and a citizenship test. Processing times can vary by location and case complexity.
If approved for citizenship, your spouse will take the Oath of Allegiance at a naturalization ceremony. This ceremony is presided over by a judge or administrative officer. This final step is required to complete the naturalization process.
Once a citizen, your spouse can apply for a U.S. passport and register to vote.
Avoiding marriage fraud and scams
Marriages for the purpose of evading U.S. immigration law are considered fraudulent and are a serious federal crime that can result in fines, prison time and permanent immigration consequences. If the real reason you’re getting married is so that your spouse can become a permanent resident of the United States (“green card marriage”), seriously consider the consequences.
U.S. citizens can also be targets of marriage-based scams. Warning signs may include:
- Pressure to marry quickly
- Unusual focus on immigration benefits
- Requests for money tied to visa or travel issues
The best advice to avoid a marriage scam is to slow down and get to know your fiancé. Seek the advice of trusted friends and family when considering an international marriage.
Planning to get married outside the United States?
International marriage laws can vary greatly. Some countries may require parental consent, residency and affidavits of eligibility to marry. If you plan to marry abroad, be sure to research that country’s marital laws. Make sure to keep official marriage records and certified translations, if needed. Also check with your state’s attorney general or an immigration attorney to be sure that your international marriage will be legal here in the United States.
Looking for immigration support?
Navigating your new relationship can be hard enough. Add the struggle of navigating visas and resident status, and you have a whole new level of difficulty. Seek support as you begin this citizenship journey.
- Local community support is available in many forms. English language learning and citizenship classes are common offerings.
- The U.S. Citizenship and Immigration Services agency is committed to offering programs and referrals to assist immigrants.
- If you encounter difficulties with the visa and immigration process, consider seeking legal support. ARAG plan members have telephone access to attorneys who can give legal advice and consult on immigration processes and guidelines, the filing and processing of applications and petitions, laws and regulations of immigration benefits, and deportation and removal proceedings. They can also review your immigration application and documents and help you prepare for immigration hearings.