United States Marriage Requirements for Non-Citizens

Whether you and your partner are non-U.S. citizens, or you're a U.S. citizen seeking a marriage license with a foreigner, you may already know that there are a few conditions to adhere to before you can officially tie the knot. While all marriages performed in the United States are legally binding unions, in order for your nuptials to be lawfully recognized by the U.S. or your home country, there are several requirements to keep in mind. Luckily, these provisions aren't too hard to follow.

Required Documents for All Non-U.S. Citizens

According to attorney Susanna Litwack in Burbank, CA, "Getting married in the U.S. is easy. Couples provide the county where they get married with identification like a driver’s license, a state-issued ID, or even a passport. Your immigration status or lack thereof won’t block your ability to marry."

What we must point out, however, is that each state has different laws and requirements regarding marriage, "so it’s best to check what the rules are for the county in which you are getting married," advises Litwack. These differences include age, blood tests, waiting periods, same-sex marriage, cousin marriage, etc.

Citizenship Application Requirements

First things first, it's important to note that those who plan to marry a U.S. citizen are not guaranteed automatic citizenship in the United States. "Chances of getting U.S. citizenship through marriage to a citizen are high, but not guaranteed," shares Litwack. "The non-citizen spouse has to prove the marriage is genuine and have good moral character, and meet many other requirements to qualify for a green card and eventually become a U.S. citizen themselves."

For example, as noted on the United States Citizenship and Immigration Services (USCIS) website , one qualifying condition for citizenship is that "The spouse must have continuously resided in the United States after becoming a lawful permanent resident (LPR) for at least three years immediately preceding the date of filing the naturalization application and must have lived in marital union with his or her citizen spouse for at least those three years." It also states that the spouse must be 18 years old or older at the time of filing, and be "Physically present in the United States for at least 18 months (548 days) out of the three years immediately preceding the date of filing the application," among other conditions.

Additional Information to Know Before Getting Married in the U.S.

• Documents should be translated into English.
• Double-check to make sure your home country will recognize your marriage if you are married in the U.S. If you are already in America, you can ask your country's consulate in the U.S.
• Under the public policy exception, if your U.S. marriage violates the public policy of your home country, then your marriage would not automatically be valid.
• If you are having a destination wedding in the U.S. and intend on having family and friends with you, you need to make sure they have the necessary travel documents, like passports, too.
• "If you’ve never dealt with United States Citizenship and Immigration Services (USCIS), it’s a good idea to consult with a U.S. immigration attorney to be sure you can apply for a green card without disqualifying obstacles," advises Litwack. "Marriage fraud, criminal convictions, or any kind of complex immigration history can affect your chances of success. Even if you are set on doing the paperwork yourself, consulting with an attorney at the outset to discuss your case is a great way for couples to set themselves up for success."
  
• If applying for a visa in order to get married in the U.S., the partner who's already a U.S. citizen will likely have to apply for a K1 visa. "A K1 visa is also known as the fiancé(e) visa. To receive this visa, the citizen fiancé(e) must submit a petition with USCIS. Once that’s approved, the non-citizen will be scheduled for an interview at the U.S. consulate in their home country," says Litwack. "If the case is approved, a K1 visa is issued, which allows them to enter the US and get married within 90 days of entry. The K1 visa also allows the non-citizen to then apply for a green card after marriage."