Marrying Abroad: Legal Guide to International Marriage
The essential guide to marrying internationally: navigate legal and cultural hurdles for a smooth union. 8 min read updated on October 03, 2024
Key Takeaways
Marrying someone from another country involves navigating complex legal requirements and documentation processes.
Legal requirements vary based on location and citizenship status, including specific rules for U.S. citizens and green card holders.
Necessary documentation includes financial records, birth certificates, and proof of lawful entry.
It will typically cost between $1,280 and $1,760 to complete the process of marrying a foreigner.
Other expenses include a visa, medical examination, and, perhaps, the fee to hire an immigration lawyer.
The time required to marry your foreign fiancée ranges from 11 to 52 months, depending on where you and your fiancé or fiancée reside.
Routine legal issues include visa backlogs, proving a bona fide relationship, and dealing with dual legal systems.
The K-1 visa is the quickest route to marry a foreigner as soon as possible, but marrying abroad is also an option. Consular processing is required after the wedding ceremony. The permit allows marriage within 90 days of the foreign fiancée’s arrival.
Marriages performed outside the US are generally valid in the US without an additional registration, as long as they abide by the laws of the country where they took place.
Post a job on UpCounsel to find an immigration lawyer for expert legal guidance.
If you are a U.S. citizen or green card holder planning to marry someone from another country, learn about the requirements and processes involved first. This helps you make informed decisions and avoid mistakes that can affect the entire process.
Here is a comprehensive guide on how to marry someone from another country. We will cover necessary legal considerations and documentation, the visa and immigration process, financial and logistical considerations, and much more.
Legal Requirements and Documentation
Marrying a non-US citizen comes with legal restrictions that you must adhere to depending on your state.
Legal Requirements
Below are the requirements for marrying a foreigner:
You are a lawful U.S. citizen living in the States
You are a lawful U.S. citizen located outside the States
You are a green card holder or permanent resident legally in the States
You are a green card holder or permanent resident outside the States
Some states do not allow marriages for individuals below 18 years, while others allow if the party has consent from parents. Ensure you are eligible to marry a foreigner based on the legal requirements within your state.
Documentation
You will need to gather several vital documents before marrying someone from a foreign country.
Here are the documents needed to apply for a green card through marriage:
Financial documents
Birth certificate
Prior marriage termination papers, where applicable
Current or expired U.S visa
Medical examination document
Police clearance certificate
Proof of lawful entry into the United States
Proof of permanent resident
If you do not have all the documents, you can start your application as you look for all the required documents. You may also seek the help of an online immigration lawyer for legal guidance about the required documents.
Visa and Immigration Process
The process for marrying a non-U.S. citizen depends on where you and your spouse live.
How to Marry Someone from Another Country in the US
Below are three different categories that will determine how to marry a foreigner.
1. Both Partners are Present in the United States
If you and your fiancée live in the United States, your fiancée is likely on a temporary work or visitor visa. Your fiancée can obtain an immigrant visa or green card and become a lawful resident of the States.
This process is called adjustment status. To begin the process, you will first need to get married and register the marriage with the county or state officials where you held your wedding.
The 90-day rule applies, during which time USCIS officers analyze your status and determine whether the process followed is fraudulent or credible.
If the officials detect fraud, your spouse's green card will be revoked, and their immigration visa application will be denied. They may also have slimmer chances of obtaining a U.S. visa.
2. Both Partners are Not Present in the United States
If you and your future spouse are not present in the United States yet and want to get married and remain there, you fill out form l-129F to acquire a K-1 visa.
With the fiancé visa, your future spouse can marry you in the United States and adjust their status to that of a green card holder. You have to obtain the visa in advance at the consulate or embassy.
Another option is to file Form DS-160 and Form l-130, available from the consular or U.S. embassy.
You are required to take green card interview questions at the consular or embassy. This process can sometimes be lengthy and does not guarantee a green card upon arrival in the States.
3. You're In the United States, but Your Future Spouse Isn't
You can use two options if you are in the United States and your future spouse isn't.
The first option is getting married abroad. Your partner can apply for a green card at the U.S. embassy or consulate where they are. This process is known as consular processing.
You must file Form l-130 and Form DS-160 at the consular or U.S. embassy and go through the visa application process.
Another option is having your partner enter the United States on a fiancé or K-1 visa.
Once your partner arrives, you can marry in the United States. After the wedding, your spouse can adjust the visa to permanent residence.
To successfully file for a K-1 visa, you must have met your future spouse in person within the last two years. Your spouse should also adjust their status within the first 90 days of arriving in the United States.
Financial and Logistical Considerations
Here are some critical financial and logistical considerations and a rough timeline to help you navigate the international marriage process:
Financial Considerations
The cost of marrying a foreigner ranges between $1,280 and $1,760.
However, the cost may change based on factors such as whether you are in the United States or your spouse is outside the States. You will also need to pay about $200 for a medical exam for a green card.
Remember, there are circumstances where you may need to involve a lawyer to help you.
For instance, if you do not understand how obtaining a green card through marriage works, you can't figure out your options, or you cannot deal with the paperwork, consider hiring an immigration attorney.
In this case, you will also need to consider the cost of an immigration lawyer, which depends on various factors.
These factors include the following:
The type of lawyer you hire
Services needed
How complicated your case looks
Handling the process alone can be challenging, draining, and time-consuming. This is why an immigration lawyer is a useful asset.
Logistical Considerations and Timeline
The spousal residency requirement and other parts of the process require logistical planning to ensure you’re prepared and can meet important deadlines.
The wait time for marrying someone from another country can be between 11 and 30 months. During this time, your spouse must have a valid visa.
The naturalization process can take about six months after meeting the three-year spousal residency requirement and filing an application.
Marrying a non-U.S. citizen involves different processes and requires the right documentation. To complete the process, you must take an interview and citizenship test.
Remember that the marriage green card timeline depends on circumstances such as whether you are a green card holder or a U.S. citizen and your current location.
If you are a US citizen living in the US, the process can take about 32 to 52 months.
On the other hand, a U.S. citizen living abroad can take about 11 to 17 months to successfully marry an immigrant.
If you are a green card holder living in the U.S., it could take between 28 and 38 months, while a U.S. green card holder living abroad may wait for 27 to 46 months.
Common FAQs
What are the most common legal hurdles in marrying someone from another country?
You will likely come up against one or more of these challenges when you try to marry someone from another country:
Visa issues and processing delays
Proving a real relationship
Satisfying the financial requirement
Dual legal systems
Residency and physical presence requirements
Inadmissibility issues
Naturalization process
Fortunately, many of these issues can be overcome, and an immigration attorney is an effective way to navigate them.
How do you handle cultural differences in an international marriage?
Keep communication lines open in your marriage. Talk openly about expectations and values, and agree on the cultural practices you will participate in.
Respect each other’s cultures by learning about and participating in your spouse’s cultural traditions. Be willing to adapt and synthesize these traditions into your new family life.
Look for areas of agreement – over values, interests, or anything else – that might provide some basis for shared solidarity and create a pathway to resolving future conflicts.
Learn about your spouse's culture, language, and tradition to show respect and understand their viewpoint.
Be ready to bend on cultural customs. Allow yourself to be flexible in navigating variances in expectations and coming up with solutions that work for you both.
Celebrate your marriage's differences by sharing cultural holidays and learning each other’s languages.
Create a support system of friends, family, or communities who can provide emotional support and practical advice based on their own experiences with international marriage.
If you cannot overcome these cultural differences alone, seek help from a counselor with expertise in intercultural relationships to help you through conflicts and improve your marriage.
What visa do I need to marry someone from a different country?
A K-1 visa is usually the fastest way to marry a foreigner. The process may take between five and ten months.
In this case, you can process the application in your partner's home country. You will do so at the U.S. embassy or consular office.
Is it okay to marry someone from a different country?
It is possible to legally marry someone from another country, but you must be aware of relevant marriage laws, which vary from country to country.
You may need parental consent, affidavits, marriage eligibility, and residency proof. It'd be best to research the marriage laws of the country you intend to marry from.
Check with your state's attorney general to determine whether marriage to someone from another country is legal in the United States.
Do I have to register my marriage in the US if I get married abroad?
The United States doesn’t have a national marriage registration process. As such, legal marriages in another country tend to be valid in the U.S. without registration.
Additionally, the U.S. Department of State explains, “Marriages performed overseas are valid in the country where they occur as long as they follow local law. Whether another country recognizes your foreign marriage depends on its own law.”
What are the rules for marrying a foreigner?
International marriages work if the parties follow that country's local civil and religious laws.
However, you should note that the U.S. embassy and consulate of the other nation cannot perform the marriage in a foreign country. Marrying in another country can be challenging, time-consuming, and costly.
It can take time to research the requirements of that country, prepare effectively, and be patient.
Depending on the country you are marrying from, you may need to take medical and blood tests and seek parental consent.
If the country doesn't use your language as the official language, you may need to translate the documents into their official language.
Suppose you are a U.S. citizen or a permanent resident of the States and want to marry internationally. In that case, you should also ensure the United States will recognize your marriage as valid when you return.
Conclusion: How an Immigration Lawyer for Marriage Can Help
Because U.S. laws are complicated, navigating the process can be challenging, tiring, and time-consuming. Consult an immigration attorney for legal help and information about how a marriage green card works or how to obtain a work visa.
With the guidance of an experienced immigration attorney, you can get help with H-1B visas (and marrying a U.S. citizen while on an H1B visa), among other legal help.
Want to learn more about this? UpCounsel can help. Our experienced attorneys will walk you through and help make your American dream come true however they can.