Marying a Non-U.S. Citizen

A United States (U.S.) citizen who decides to marry a person who is not a citizen or permanent resident can take different paths to help their fiancé(e) get permanent residence. 

1. Marry overseas. If you marry overseas, you can then file a Form I-130, Petition for Alien Relative, for your new husband or wife. If you choose this option, when the petition is approved, your new husband or wife will be processed for an immigrant visa by the U.S. Embassy or Consulate, and will then enter the U.S. as a permanent resident.  
   
   In certain situations, while you are physically overseas, you may be able to file the petition with a U.S. Consulate or overseas USCIS office rather than with a USCIS office in the U.S. Check with the U.S. Consulate in each specific country for more information.
   
   
2. If your fiancé(e) is already in the U.S. in another lawful temporary status and you want to get married in the U.S, you may marry and file the I-130 for him/her, however, there may be additional requirements that he/she will have to meet before being able to adjust status to permanent residence in the U.S.
   
   
3. The fiancé(e) visa. If your fiancé(e) is overseas and you want to get married in the U.S., or he/she is in the U.S. and wants to depart the U.S. and return to get married, this visa acts as a bridge to permanent residence for your fiancé(e) —it lets him or her enter the U.S. for 90 days so your marriage ceremony can take place here. Once you are married, your new spouse can apply for permanent residence and remain in the U.S. while the USCIS processes the application. If you choose this option, file a Form I-129F, Petition for Alien Fiancé(e). If you choose this option and if the I-129F is approved, the USCIS  will send it to the U.S. Embassy or Consulate nearest your fiancé(e)’s foreign place of residence. The Consulate will then invite him or her to apply for the actual fiancé(e) visa.

Key forms referenced:
Petition for Alien Relative: I-130
Petition for Alien Fiancé(e):  I-129F
Application to Register Permanent Residence or to Adjust Status: I-485
Application for Employment Authorization: I-765

 (To download forms on this page you will require Adobe Acrobat Reader)

Click here for additional questions about marying a non-U.S. citizen.