How to Get Married in The USA as a Foreigner

Created: Mar 11, 2024 | Updated: Mar 11, 2024

Marrying in the USA has its challenges, and if you are reading this, it probably means you are uncertain about some things. That’s a good thing because you have come to the right place. We covered all you need to know to get married in the United States of America in today’s post. We’ve done the research and covered all the steps, from the legal requirements to the necessary documentation all up to the planning process so you don’t have to. You’re welcome.

Getting married in the United States sounds dreamy, right? Not to burst your bubble but this dream comes with quite a few steps and requirements that are so stringent, they will make your head spin! We have simplified them for you in just a few steps:

Understand the Legal Requirements

The first thing you would need to do is understand what the legal requirements for getting married in the USA are. Before you can enter or get married in the USA as a foreigner, you have to meet certain criteria. These could include getting the right visa or having the right documentation. Your legal status in the USA does not generally affect your ability to get married, however, if you plan to stay in the USA after marriage, you will need to adjust your visa status or apply for an American Green Card.

Marriage laws are also different in every state in the USA. So, before planning your wedding, research the specific requirements for the state where you intend to get married. This includes age restrictions, identification needed, and any residency requirements.

Concerning the legal requirements, there is no one-size-fits-all package. There are different categories that you could fall under. Let’s take a look at them:

I am a Foreign National and my American Fiancé(e) is in the United States

If you are a foreigner and you and your American (citizen or green card holder) intending spouse are both living in the United States, you will need to adjust your legal status by changing your temporary work visa to a USA green card. To do this, you need to get married and register your marriage with the state officials where the wedding took place.

Your American fiancé(e) or green card holder will be your sponsor and they will have to accompany you to the USA Citizenship and Immigration Services (USCIS) to apply for a USA green card for you. You will be interviewed in person and your biometric information will be taken. This process is known as concurrent filing because you file the Petition for Alien Relative (Form I-130) and the Application for Adjustment of Status (Form I-48) together.

Sometimes, people who apply for an American green card usually do so with ulterior motives and so the USCIS came up with the “90-day rule”. If you apply for an American green card within the first 90 days of entering the US on a temporary visa, your application will most likely be denied and your visa could be revoked. This can also lead to you not being able to get a USA visa in the future. This is because it is believed that you misrepresented your intentions for entering the USA and want to take advantage of your time there to gain permanent residency.

During the entire process, you must maintain a valid immigration status if your intended spouse is a green card holder. This means you must have a valid visa like a work or student visa that is valid for up to 2 years and 6 months after filing for the USA green card. However, if your intended spouse is a US citizen and you entered the USA legally on a visa but fell out of status, it can be forgiven during the adjustment of status process.

I am a Foreign National and I am in The USA but my American Fiancé(e) Isn’t

In this case, you have two options:

You and your intended spouse can get married outside of the United States and then apply for a green card at the USA embassy or consulate in your country. This is known as consular processing. During the application, you will need to complete the Immigrant Visa Electronic Application (Forms I-130 and DS-260) and then do a medical examination and an interview at the USA Embassy or consulate in your country. This process can be long but it guarantees you a green card as soon as you enter the USA.
Alternatively, you can go to the United States on a Fiancé(e) visa (K1 visa). This visa is designed for people who intend to get married in the USA You can get married when you enter the USA with this visa and then begin the process of becoming a green card holder.

I am a Foreign National my American Fiancé(e) and I Live Outside the United States

The USA government recognizes all marriages conducted abroad as long as they are registered with local authorities. Only your country’s laws on marriage such as laws on parental consent, eligibility and even divorce will apply to your marriage. You will not be bound by the United State’s marriage laws since you did not get married in the USA

If you want to get married in the United States, you can do so with a fiancé(e) visa if you want to live in the USA after the wedding. This will allow you to enter the United States, marry, and then adjust your status.

On the other hand, if you just want to get married in the United States and then go back to another country to apply for a USA green card from the embassy maybe because of family or employment, you can enter the USA on a temporary visa and marry as long as you understand and observe the 90-day rule and abide by the state laws on marriage.

Types of USA Marriage Visas

1. The K3 Visa (Non-Immigrant Visa For a Spouse): The K3 visa is designed for the spouses of USA citizens who are non-citizens. It creates a legal pathway to enter and stay in the USA while you wait for the approval of your immigrant visa petition. This visa aims to reduce the separation time between you and your spouse who is a USA citizen. The application process involves filing both Form I-130 and Form I-129F (Petition for Alien Fiancé(e)).

Many people do not think the K3 visa is worth it because of the amount of time it takes to get done. K3 visa processing takes about 19 months. This is also how long it takes to get your marriage green card application approved by the USCIS.

K3 Visa Eligibility Requirements

To get a K3 visa, you have to meet the following requirements:

You have to be legally married to a USA citizen (not a green card holder) outside of the United States.
You must currently live in a country outside of the United States.
Your USA spouse must have already filed a family sponsorship form (Form I-130) that is currently “pending” with USCIS.
Your spouse in the USA must meet certain financial criteria. They should have an adjusted gross income on their latest tax return that equals or exceeds 100% of the Federal Poverty Guidelines to be eligible to act as your financial sponsor. If they don't meet this threshold, another person must submit an affidavit of support as a joint sponsor.
Any biological or adopted children that will be accompanying you to the United States must be unmarried and under the age of 21.
You must submit the following documents:

- A completed Form DS-160.

- A passport, valid for at least six months beyond your intended period of stay in the United States.

- Birth certificate.

- Marriage certificate for the marriage to your USA spouse.

- Divorce or death certificate(s) of any previous spouse(s).

- Police certificates for you and any accompanying children from your present country of residence and all countries where you have lived for up to 6 months since you turned 16.

- Medical examination certificate.

- Proof of financial support (Form I-134, Affidavit of Support may be requested).

- Two 2x2 passport photographs.

- Evidence of your relationship with your USA citizen spouse like pictures, videos or affidavits from family and friends.

- Fee payment for the following services:

Filing a Petition for Alien Relative, Form I-130.
Filing an Alien Fiancé(e) Petition, Form I-129F.
Nonimmigrant visa application processing fee, Form DS-160 (for each K visa applicant).
Medical exam (for each K visa applicant).
Filing Form I-485, Application to Register Permanent Residence or to Adjust Status.

2. The K1 Visa (Non-Immigrant Visa For a Finace(e)): The K1 visa, also known as the fiancé(e) visa, allows you (the foreign fiancé(e)) of a USA citizen to enter the United States to get married. You must marry within 90 days of your arrival in the United States. After the marriage, you can apply for an American green card. The processing time for a K1 visa is about 6 months.

K1 Visa Requirements

You have to meet the following K1 visa requirements to get a K1 visa:

You both must be unmarried with proof such as divorce certificates, death certificates, etc.
The sponsoring fiancé(e) must be a US citizen. A green card holder cannot be a sponsor for a K1 visa.
You must prove your relationship is genuine. You can do this by writing a statement about how you share household chores, showing proof of any bills you have paid together, showing mail that has been addressed to you both or showing documents that prove that you live together.
You must each submit a signed document stating that you intend to marry within 90 days after you (the foreign fiancé(e)) arrive in the USA If possible, include evidence like your wedding invitations or venue bookings.
Your USA fiancé(e) must meet certain financial criteria. They should have an adjusted gross income on their latest tax return that equals or exceeds 100% of the Federal Poverty Guidelines to be eligible to act as your financial sponsor. If they don't meet this threshold, another person must submit an affidavit of support as a joint sponsor.
You must provide evidence that you and the USA citizen have met in person at least once within the last two years before submitting Form I-129F. Meetings through online platforms, video chats, and phone calls do not fulfil the requirement of an in-person meeting. This rule may be waived if an in-person meeting conflicts with your cultural or religious traditions or if meeting in person would cause severe hardship to the foreign-citizen fiancé(e). You can request a waiver for the 2-year rule if you have not yet met in person within the required timeframe. This must be submitted along with Form I-129F and should include proof that arranging an in-person meeting was extremely difficult or impossible.
You must submit the following documents:

- A completed Form DS-160.

- A passport valid for at least six months beyond your intended period of stay in the USA

- Birth certificate.

- Divorce or death certificate(s) of any previous spouse(s) for both you and your USA fiancé(e).

- Police certificates for you and any accompanying children from your present country of residence and all countries where you have lived for up to 6 months since you turned 16.

- Medical Examination.

- Proof of financial support (Form I-134, Affidavit of Support may be requested).

- Two 2x2 passport photographs.

- Evidence of your relationship with your USA citizen fiancé(e).

Fee payment for the following services:

Filing an Alien Fiancé(e) Petition, Form I-129F.
Nonimmigrant visa application processing fee, Form DS-160 (for each K visa applicant).
Medical examination (for each K visa applicant).
Filing Form I-485, Application to Register Permanent Residence or to Adjust Status.

3. CR1 Visa/IR1 Visa (Spouse of a USA Citizen Visa): If you are a foreign national and your spouse is a US citizen, these visas allow you to enter the United States as a permanent resident. The CR1 (Conditional Resident) visa is issued to couples who have been married for less than two years, and the status is conditional for two years. The IR1 (Immediate Relative) visa is issued to couples who have been married for two years or more, and it grants permanent resident status without conditions. It takes about 9 months to get this visa, although this depends on whether you are married to a USA citizen or a green card holder.

CR-1/IR-1 Visa Eligibility Requirements

A passport, valid for at least six months beyond the intended date of entry into the United States.
An affidavit of Support from the USA spouse.
Form DS-260, Immigrant Visa and Alien Registration Application.
Two 2x2 photographs.
Birth certificate, marriage certificate and any other specified civil document.
Completed Medical Examination Forms.
Fees for the following services:
- Filing an immigrant Petition for Alien Relative, Form I-130.
- Processing an immigrant visa application, Form DS-260.
- Medical examination and required vaccinations.

Every document you provide for your visa application must be translated into English by a certified translator before it can be accepted. This is because English is the official language spoken in the United States of America. Translating your documents helps to ease the communication between you and the American Immigration authorities. To get accurate USCIS-certified translations for your marriage documents, place an order at Translayte now. Translayte offers certified and notarised translations to support immigration in the USA, with a 100% USCIS acceptance guarantee.

Apply For a Marriage License

A marriage license in the United States is a legal document that authorizes you and your fiancé(e) to marry. It is part of the legal marriage process and must be obtained before you can legally wed in any USA state. The marriage license serves as official permission or authorization from the state for the marriage to take place. It is different from a marriage certificate, which is a record that a marriage has occurred.

To get a marriage license, you should visit the local county clerk's office with your partner and apply. You should do this a week or two before your wedding day because the license expires in about 30 to 60 days in most states. There are certain requirements you must also meet to get a marriage license in the USA These vary by state, but they are usually concerning:

Documents and applications.
Residency requirements.
Waiting period and duration.
Blood test requirements.
Minimum age requirement to marry with or without parent/guardian consent.

To ensure that you have the right requirements, contact the specific office of the county clerk, city or town where you intend to get married.

What documents do I need to get married in the USA as a foreigner?

Plan Your Ceremony

Finally, you’re done with all the major paperwork and immigration hurdles. It’s time to get into the real fun. The possibilities are nearly endless when it comes to planning a wedding in the USA You can have a traditional church wedding, a casual beach ceremony, or anything you can think of. Let’s give you a few tips on how to plan the ceremony.

1. Choose Your Type of Ceremony: Decide on the type of ceremony that best reflects your values and relationship. This could be religious, secular, or spiritual. Your choice may influence your venue, officiant, and even the legal requirements in some cases.

2. Set a Budget: Determining your budget will guide many of your decisions, from the venue to the number of guests and the style of the event. Make sure to account for any potential costs like the venue, attire, officiant fees, decorations, and any additional services you might want.

3. Select a Venue: The venue sets the tone for your wedding. Popular options in the USA include churches, beaches, parks, historic homes, and banquet halls. When choosing a venue, consider its location, capacity, availability, cost, and the logistics of getting married there (some venues have their own rules about catering, decoration, and music).

4. Choose a Date and Time: When selecting your wedding date, consider factors like the weather, special dates for you and your partner, and the availability of your desired venue and key vendors. Saturdays are the most popular choice, but a weekday wedding might offer more flexibility and cost savings.

5. Hire Vendors: Depending on the complexity of your ceremony, you may need to hire various vendors, such as:

An officiant: Ensure they are legally recognized to perform weddings in your state.
A Photographer/Videographer: Book early, as the best ones often have their schedules filled months in advance.
Music: Whether you want live music, a DJ, or a simple playlist, plan how music will be integrated into your ceremony.
A Florist: For bouquets, boutonnieres, and any venue decorations.
A Caterer: If your venue doesn’t provide food, you’ll need to hire a caterer.

6. Plan the Ceremony Details: Decide if you want to write your vows or stick with the traditional ones. Select your wedding party, including bridesmaids, groomsmen, ring-bearers, and flower girls. Don’t forget to decide on how you want the ceremony to unfold, from start to finish.

7. Have a Dress Rehearsal: A rehearsal is typically held the day before the wedding, especially for complex ceremonies or large wedding parties. This helps ensure everyone knows their roles and the event runs smoothly.

8. Day-Of Coordination: Consider appointing a day-of coordinator to manage the logistics of the ceremony. They can handle any issues that arise and ensure that the ceremony aligns with your vision.

9. Personalize Your Ceremony: Incorporate elements that reflect you and your partner’s personalities and relationship. This could include unique music choices, a special reading, or a ritual that has personal significance.

10. Have Fun!

Legalize Your Union

After your ceremony, your officiant will sign the marriage certificate along with the required witnesses. It's then your responsibility to submit this to the appropriate government office (usually the county clerk’s office) in the state you got married in to legalize your marriage. Don’t forget to register your marriage in your home country as well.

Adjust Your Status (If Needed)

If you plan to remain with your newly minted spouse in the USA, you will need to adjust your legal status or apply for a Green Card as we had stated earlier. Consult with an immigration attorney to ensure you follow the correct procedures based on your specific situation.

FAQs

How Long After Entering The USA Can I Get Married?

You can get married in the USA after 90 days if you enter the USA with a temporary visa that is not related to a marriage visa.

Do You Automatically Become a USA Citizen Through Marriage?

No, marriage to a US citizen does not automatically make you a US citizen. However, you can obtain a green card (permanent residency) if you marry a USA citizen.