Are you in love with somebody from another country? Planning to tie the knot and begin a life together? That’s wonderful! But as with any marriage, there are a number of extra steps to take if your companion is a non-U.S. citizen. Don’t fear, though – on this article, we’ll stroll you through the method, step-by-step, in simple language that anyone can perceive.
Getting Started: Understanding the Basics
Before we delve into the nitty-gritty particulars, let’s start with the fundamentals. Marrying a non-U.S. citizen includes a few extra steps to guarantee that your partner can legally reside in the United States. These steps embody applying for a marriage-based green card, also known as a permanent residency card. Once your partner obtains this card, they may have the authorized right to stay and work in the U.S.
It’s value noting that the method can differ barely relying on whether or not your spouse is already in the us or still dwelling overseas. However, for the purposes of this article, we’ll focus on the final course of that applies to most couples.
Step 1: Get Married
The first step in marrying a non-U.S. citizen is, in fact, getting married! Before you can begin the immigration process, you need to have a legally recognized marriage. This means going via the necessary steps according to the laws of the country or state the place the marriage will take place.
Step 2: File an Immigrant Petition
Once you are fortunately married, it’s time to start the official immigration course of. The 
subsequent step is to file an immigrant petition, particularly the Form I-130, Petition for Alien Relative. This form establishes the relationship between you (the U.S. citizen) and your partner (the non-U.S. citizen) and proves that you have a genuine marriage.
To file the Form I-130, you will need to offer supporting paperwork corresponding to your marriage certificate, proof of your U.S. citizenship, and any related evidence of your relationship, like pictures or joint bank account statements.
Step 3: Await Approval and Priority Date
After you have submitted the Form I-130, you’ll have to wait for it to be approved. The processing time can vary, so be patient. Once accredited, your spouse will be assigned a priority date. The priority date is crucial because it determines when your spouse can start the final step of the immigration course of.
Step 4: File the Adjustment of Status Application or Consular Processing
Now that your partner’s precedence date is current, it is time to choose on between two paths: adjustment of standing or consular processing.
If your partner is already in the U.S. on a valid visa, you’ll be able to select the adjustment of status route. This means you’ll file the Form I-485, Application to Adjust Status, with the us Citizenship and Immigration Services (USCIS). This type is where your partner officially applies for their green card.
If your partner is residing outdoors the united states or ineligible for adjustment of standing, you may have to go through consular processing. This includes making use of for an immigrant visa through the united states Department of State. Once permitted, your spouse can proceed with the final step.
Step 5: Attend the Interview and Submit Required Documents
Regardless of whether you select adjustment of status or consular processing, the subsequent step is attending an interview. If you’re in the us, the interview takes place at a USCIS field workplace. If you’re abroad, it will be at a U.S. Embassy or Consulate.
During the interview, a USCIS officer or consular officer will ask questions about your relationship and request supporting documents. These documents could embrace medical examinations, police clearances, and monetary evidence to reveal you could assist your spouse.
Step 6: Await the Decision
After the interview and submission of required paperwork, you’ll have to wait for a choice. The wait time can vary, but usually, you’ll have the ability to count on to hear back within a quantity of months.
If every thing goes well, your spouse will be granted the marriage-based green card, permitting them to stay and work legally in the U.S. Congratulations! It’s time to begin your new life collectively.
Additional Considerations
While we have coated the main steps involved in marrying a non-U.S. citizen, it is important to keep a few additional considerations in mind:
- Legal Assistance: The immigration process can be complex, so it could be useful to seek authorized help from an immigration lawyer or respected immigration service.
- Affidavit of Support: As the sponsoring U.S. citizen, you’ll have to submit an Affidavit of Support, proving that you can financially assist your partner. This ensures that your spouse will not turn into a public cost.
- Conditional Green Card: If your marriage is lower than two years previous at the time your partner is approved for a green card, they may obtain a conditional green card that is legitimate for two years. After two years, you should apply for the elimination of those circumstances and acquire a permanent green card.
Conclusion
Marrying a non-U.S. citizen may require a quantity of further steps, but don’t let that discourage you. With correct understanding and preparation, the method may be manageable. Remember to file the required forms, attend interviews, and supply the required paperwork. And most importantly, take pleasure in this thrilling chapter of your life together. Love is conscious of no boundaries, and with persistence and dedication, you’ll have the ability to construct a future with the one you’re keen on, regardless of their nationality. Happy marriage planning!
FAQ
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What are the basic requirements for marrying a non-US citizen?
To marry a non-US citizen, both events should meet the authorized requirements for marriage in their respective nation or state. Additionally, the non-US citizen might have a valid visa to enter the US legally. It’s essential to research and comply with the specific marriage and immigration legal guidelines of your jurisdiction earlier than continuing. -
Can a non-US citizen get married in the United States?
Yes, a non-US citizen can get married in the United States. However, it’s important to ensure they’ve the appropriate authorized documentation to enter the nation and comply with the marriage laws of the particular state where the marriage will happen. Some states might have extra necessities, so it’s important to check with the local marriage licensing office for correct data. -
Do I want a fiancé(e) visa to marry a non-US citizen?
If you plan to marry a non-US citizen inside the United States, you sometimes don’t need a fiancé(e) visa. Instead, the non-US citizen can enter the country with a vacationer visa or underneath the visa waiver program if they’re from an eligible country. However, as quickly as married, it’s important to start the process of adjusting their standing to turn into a lawful permanent resident (Green Card holder) to ensure their authorized status within the US. -
What is the method to regulate the status of a non-US citizen spouse?
To regulate the standing of a non-US citizen partner, no matter the place the wedding takes place, the US citizen partner should file Form I-130, Petition for Alien Relative, on behalf of their non-US citizen spouse. Once the petition is permitted, the non-US citizen spouse can apply for a Green Card by submitting Form I-485, Application to Register Permanent Residence or Adjust Status. This process requires providing proof of the bona fide nature of the marriage, financial info, medical examination results, and more. -
Can a non-US citizen partner work in the United States while ready for their Green Card?
Yes, a non-US citizen spouse can apply for a piece allow, often recognized as an Employment Authorization Document (EAD), while ready for their Green Card. This requires submitting Form I-765, Application for Employment Authorization, concurrently with the application to adjust status. Once the EAD is accredited, the non-US citizen spouse can legally work in the United States till they receive their Green Card or their EAD expires.