In this opportunity, Procedures and requirements brings you an article with everything you need to know if you have plans to marry an American citizen.
Requirements to marry an American citizen
The requirements for marrying a U.S. citizen, vary according to the place where the ceremony is performed, that is, if it is performed in the United States or in a foreign country, in this case México.
If it is carried out in México or in another country foreign to the United States, the following parameters must be met:
Adherence to local laws
It is necessary that the marriage adhere to the laws of the state where the act was performed, so that it can be valid before the United States.
In the event that the marriage is celebrated within the United States, the spouse from the foreign country must have all their immigration papers and permits already enlisted. You must have the corresponding visa, the necessary permits and documents.
It is necessary to comply with a series of requirements, which consist of documents that each of the bride and groom must issue, in order to carry out the marriage act with the required legality. According to the place where the ceremony takes place, the required documents may vary.
After the wedding, the corresponding verification of the marriage certificate must be done. For this process of legality, the document must be authenticated by the Hague seal or attach a certificate of legality. You can also proceed to apostille the document.
Place to live
Regardless of the place where the spouses will live, it is necessary that the foreign party to the United States possesses the visa to enter the American territory, and even the residence.
This procedure can generally take a long time, so it is advisable not to delay in starting it.
If the US party wishes to live in México or another foreign country, they must have processed the residence document.
US immigration requires that the marriage be proven to be in good faith, or in other words, authentic.
This process is carried out, due to the large amount of marriage fraud, which has been committed with the intention of obtaining the green card. Therefore it is necessary to show that the marriage carried out is in good faith and not for convenience.
It is important to consider that this type of fraud is severely penalized in the United States.
If you meet all the parameters established by law, to celebrate the marriage, you must have the next documentation, to carry out the act:
- Identification document: The bride and groom must present a personal identification document, be it a passport, driver’s license or the official identification document. It is important that both the photo and the person’s signature appear.
- Birth certificate: In most countries, this is an essential requirement. It is also necessary that said document be apostilled or legalized, and in case of having a different language, it must carry the corresponding translation.
- Proof of singleness: In this case, a document is requested that proves the marital status of single of each of the parties committed to the marriage. This can be a certificate issued by a notary or professional and qualified person.
- In case of being divorced or widowed, You must also issue a document that serves as proof.
- Affidavit of legality to marry. This is a necessary requirement to get married. Said declaration consists of a document that certifies that the person is fit to marry.
- Migratory status: It is necessary for the foreign citizen to present a document that proves their immigration status.
- Medical certificate: Both parties must present a medical certificate indicating the type of blood and whether they have any contagious disease.
- Marriage application form: The bride and groom should go to the main registry where the ceremony will take place and request this document.
- Witness Documentation: The people who will be witnesses to the act must bring all the required documentation.
- Corresponding payment: It is necessary to make the payment corresponding to the performance of the marriage act
It is important to take into account that there may be more or less requirements, according to the country where the ceremony is held and if it is held within the American territory, in which state it is held.
Requirements to marry within the United States
To get married, within the American territory or live within it, it is necessary to meet certain requirements, which are presented below:
Fiance Visa Application
One of the essential requirements is the K-1 visa (fiancé visa), which allows foreigners to travel and marry in the United States, in a period that does not exceed 90 days.
To acquire this visa, the following steps must be carried out:
- Submit the application through form I-129F, before the nearest immigration agency.
- Once accepted, the foreigner must prepare for the interview and provide the corresponding documents. You must present the affidavit of financial sponsorship, to verify that they have the necessary financial stability.
- It is necessary to show that the bride and groom have had a personal encounter in the last two years
- You must pay the amount corresponding to the request. This is done through Form I-129F, requesting the visa with form DS-160, issuing a health certificate, among others.
- Once the procedure is approved, the K-1 visa is delivered in your passport.
- After obtaining the fiancé visa, you must apply for permanent residence and residency application.
Do I need temporary or permanent residence?
In the event that the spouses marry in México or another foreign country, and later decide to live in the United States, it is necessary that the citizen spouse present the Form I-130, in combination with the request of the K-3 visa. This through Form I-129; to be able to process permanent residence legally.
This process can be done in the following steps:
- Apply for residency by presenting the I-130 form, accompanied by the marriage certificate, letter or document that proves your previous marital status; ID-type photos (white background) and some document that proves immigration status.
- The foreign spouse must present the passport, the DS-260 form, some passport photos, the marriage certificate and the medical certificate.
- Then, we proceed to the interview. In this process, the documents provided are evaluated and certain questions are asked about the relationship, to verify that the marriage is in good faith.
- The next step is to wait for the approval of the procedure.
Follow all the steps indicated, and live a happy marriage under the required legality.
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