INTERRACIAL MARRIAGE
Things You Need To Know Before Marrying Someone Overseas
There are plenty of things to think and worry about when marrying someone who isn’t a US citizen. That includes taking legal steps to make sure your soon-to-be bride can stay in the country legally.
Marrying someone who’s from a foreign country is going to feel like a daunting undertaking, especially when you start considering the legality of things. Things like immigration laws, how they change constantly, as well as all the confusing legal jargon floating around are more than a handful for newlyweds.
First things first, you need to be familiar with how these procedures work. If you want her to come live with you in the States, she will have to undergo the process to attain citizenship.
The citizenship process
Marriage does not automatically grant a person citizenship in the United States. The path to citizenship can be long and winding. Each stage takes time and requires extensive documentation. Be diligent throughout this process: improper disclosure and inaccuracies may lead to citizenship being delayed or denied.
Hire a lawyer ASAP
“First and foremost, talk to an immigration attorney to find out the various options before even deciding on a date for the wedding. There’s really no other way to get the information in a clear manner” says California-based lawyer Carmen Casado of Casado Law.
Enlisting the help of a professional will make the process smoother and less confusing. Since every case is different, and every couple has unique problems to overcome, lawyers who are experts in immigration law can make decisions quickly and wisely.
Delays and denials are normal. If you don’t want to go through the process again, consult an immigration lawyer as soon as possible.
What to do
Below are information and resources from the U.S. Citizen and Immigration Services (USCIS). While you may or may not encounter all of the steps mentioned below. It depends on the state of your relationship.
Get a fiancé visa
If your significant other resides outside of the United States and the wedding will take place in the country of her residence, you’ll need to take certain steps to ensure proper visas are in place. A visa is proof of a government’s approval for a foreign citizen to enter the United States.
K-1 visa is the official name for a fiancée’s visa. To apply for a K-1 visa, you must first fill out a Petition for Alien Fiancée form. You will also need proof of identity, valid passports, medical examinations and evidence of your relationship.
As for the evidence for a valid relationship, there is no specific list for what’s considered “evidence.” But it may include some photos, communications and joint travel.
Your fiancé will be eligible to immigrate to the United States once the visa is approved. You two will have 90 days to marry. If the marriage doesn’t take place within the 90 days allowed by the visa, they must leave the United States.
Apply for Resident Status
Once you’re married, you can apply to change your spouse’s status to permanent resident status, generally known as a “green card.” A green card allows someone to live and work permanently in the United States. Individuals who are granted a green card within two years of marriage are granted conditional permanent residence status. After two years of marriage, the conditional status can be lifted.
Green cards are usually valid for ten years and must be renewed. Despite the name, permanent resident status may be lost due to non-residency, failure to file taxes or voluntary withdrawal.
The United States naturalization process
Naturalization is the process through which a permanent resident becomes a full citizen of the United States. Not all spouses will meet the citizenship requirements. They will need:
- To be 18 years old or above
- To have a green card for at least 3 years
- To be married and “live in marital union” with a U.S. citizen for three years before applying and up until examination of the application.
- To live in the state where you filed the application for at least three months before applying.
- To have lived in the United States for at least 18 months in the previous three years prior to applying, and have remained in the country continuously from the time of application until citizenship.
- To be able to read, write and speak English
- To have understood civics
The naturalization procedure takes around six months to complete after the three-year spousal residency requirement is completed and an application is filed. The process must be completed with an interview and a citizenship test.
Your spouse will take the Oath of Allegiance at a naturalization ceremony if she is granted citizenship. This ceremony is presided over by a judge or administrative officer. This final step is required to complete the naturalization process. After becoming a citizen, she can apply for a passport and register to vote in the United States.
International marriage laws can vary
Parental consent, residency, and affidavits of eligibility to marry may be required in foreign nations. If you intend to marry outside of your own country, make sure to research the country’s marriage laws. Check with the attorney general of your state to ensure that your overseas marriage is lawful in the United States.
If you’re looking for immigration support, it’ll be a little more difficult. But here are your options:
- Several types of local community help are available. Citizenship classes and English language study are both popular options.
- The US Citizenship and Immigration Services agency is dedicated to providing immigrants with programs and referrals.
- Consider seeking legal support if you’re facing visa and immigration difficulties. As stated above, it will be best if you hire a lawyer first hand so he or she can hold your hand through the process.
Getting married
Now that the complicated but important stuff is out of the way, congratulations are in order.
Congrats on finding love! The road ahead is going to be a series of ups and downs. But at least you get to go through it together as a married couple. There are going to be times that you will struggle together. But that’s married life — a struggle — but a happy one if it’s with the woman you love.
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