Steps to Getting Married in the US to a Foreign Fiance
The process of getting married to a foreign citizen varies depending on whether the fiance is living in the US before the marriage.
Either way, the non-US national partner can obtain the right to live and work in the US after their wedding.
Options for Getting Married in the US to a Foreign Fiance
For couples who are living in the United States, there is an option to adjust the status of the non-US citizen to Green Card holder. If one member of the couple is not in the US, they can move to the country after getting married and obtain a Spouse Green Card.
One of the most popular options is to secure a K-1 Visa (fiancé(e) Visa). The foreign partner is permitted to get married in the US on this visa, and once the marriage has been registered, they can apply to become a Green Card holder.
Getting Married to a Foreign Citizen With a K-1 Visa
There are several steps involved in obtaining a K-1 Visa, so it’s recommended to work with an immigration lawyer on this important application.
Before applying for the US K-1 Visa, check your eligibility. Applicants must be US citizens who plan to marry a non-US citizen in the United States.
It’s also important to note that K-1 Visa processing times tend to be around 4 months. If you apply too late, it is not guaranteed that your current wedding plans will be able to go ahead.
Eligible candidates must submit Form I-129F (Petition for fiancé(e)) on the USCIS website, which costs $535. Most people will be asked to include the sponsored fiancé(e)’s:
- Birth certificate
- Passport-style photo (x2)
- Sealed medical exam
- Passport
- Form I-94 arrival-departure records
- Police clearance
Other supporting documents include:
- Proof of terminated marriages, if applicable
- Evidence of legal name change
- US citizen fiancé(e)(e)’s recent tax returns
- Sworn statements and evidence of a genuine relationship and intent to marry
- Form I-134 (Affidavit of Support)
- Proof of meeting within the last 2 years
- Evidence supporting the International Marriage Broker Regulation Act (IMBRA) waiver
- Proof of the US citizen fiancé(e)(e)’s citizenship status
Approved forms are sent to the Department of State (DOS) NVC, before being passed to the US Embassy or Consulate that is the closest to the sponsored fiancé(e)'s address. An interview will then be held to determine the applicant’s full eligibility for the K-1 Visa.
Specific documents must be brought to this interview, including Form DS-160 (Online Nonimmigrant Visa Application) and the supporting documents that relate to the candidate’s application.
When an individual is approved for a K-1 Visa, they can travel to the US, but they will only be permitted to stay and marry their fiancé(e) if they receive approval from a Customs and Border Protection (CBP) officer
What Do I Need to Do After Securing a K-1 Visa?
USCIS gives out K-1 Visas on the condition that visa holders will get married to their US citizen fiancé(e) within 90 days. If this condition is not met, the foreign fiancé may be deported.
After getting married, the non-US national can apply for a marriage-based Green Card, which will replace their K-1 Visa. To do this, they must complete Form I-485 on the USCIS website, before potentially attending another visa interview with their new spouse.
People who are granted a Green Card after the interview may stay in the United States with this form of immigration permission for up to 2 years. 90 days prior to the expiry date, the foreign spouse can apply for condition removal. This could allow them to stay in the US for up to 10 years (plus renewals) on the Spouse Green Card.
How Much Does it Cost to Get Married in the US to a Foreign Fiance?
There are several different costs to consider when it comes to getting married in the US as someone without citizenship status.
Most applications have set fees, so you will know ahead of time how much money you will need to set aside. The general costs are:
- $85 for biometrics
- $535 for Form I-129F
- $1,140 for Form I-485
- $265 for the consulate processing fee
However, each applicant will need a different amount of money due to diverse personal circumstances. Some applicants will need to buy visa renewals and medical examinations. Others choose to get professional immigration advice (though this is recommended for all candidates).
Other costs that should be considered for this process are:
- Travel
- Wedding
- Honeymoon
- Temporary accommodation (if necessary)
- Living cost
Ideal Honeymoon Locations for US Couples
One of the biggest advantages of getting married in the US is that you don’t have to travel far to reach the perfect honeymoon destination.
Whether you want to relax on a beach every day or embark on exciting adventures, there will be a US destination that meets your needs. If you’re prepared to travel outside of the country, there are even more options available to you.
Some of the most popular honeymoon destinations for US couples include the following:
- The Florida Keys, Florida
- Big Sur, California
- Alaska
- Maui, Hawaii
- Hudson, New York
- Santa Fe, New Mexico
- Nova Scotia, Canada
- Cancún, Mexico
Legal Assistance
The reason legal assistance is often recommended is that it prevents applicants from submitting forms with errors (which is a common cause of K1 Visa rejection).
Arranging a wedding in a foreign country is already overwhelming, but when you add immigration applications, it becomes too stressful for the average person. Hiring an immigration solicitor helps candidates to tackle the application process with confidence.