How to Get Married in the United States as a Noncitizen

From vast deserts and rocky canyons to sandy shores and dense woodlands, the United States provides a range of breathtaking backdrops that will make your vow exchange unforgettable. If you and your partner are noncitizens who are thinking about tying the knot abroad, the U.S., with its stunning landscapes, diverse culture, and abundance of choices, is an enticing option. And if you’re a non-resident who’s marrying a U.S. citizen, your lack of citizenship doesn’t prohibit you from choosing a venue in America. If you’re planning on living in the states after your nuptials, hosting your wedding in the U.S. will not only set the stage for your lifelong union, but it will also kick off the process of citizenship. 

Whether one or both of you are noncitizens, there are a few stipulations that you’ll need to meet for the United States or your home country to lawfully recognize your union. The good news is, the process is relatively straightforward to follow.

Wondering how to get married in the U.S. as a foreigner? We asked attorney Susanne Litwack to unpack each step of the process, so you can say “I do” in the Land of Opportunity.

How to Get Married in the United States as a Noncitizen

Whether you're a noncitizen marrying a U.S. citizen or both you and your future spouse are noncitizens hosting a destination wedding in the U.S., there are certain steps you'll need to take to tie the knot in the country.

Verify the Marriage Is Authorized

For those who are trading vows in the United States with the intention of returning back to their place of residence afterward, double-check that your home country will recognize your marriage. If your U.S.-based marriage violates your home country's public policy, it won't be considered valid.

Obtain a Visa

If you and your future spouse are getting married in the U.S. before heading back to your place of residence, you'll need to get a travel visa. With this type of visa, you won't be able to permanently live in the country after your ceremony, though.

For couples where one party is a U.S. citizen, you'll need to apply for a K1 visa. With this iteration, you'll have permission to enter the U.S. and get married within 90 days of entry. This visa also gives you authorization to apply for a green card, which will make you a lawful permanent resident. To become a green card holder, Litwack says the U.S. resident will need to submit a petition with the U.S. Citizenship and Immigration Services (USCIS). Then, the non-resident will complete an interview at the U.S. consulate in their home country.

Apply for a Marriage License

Before getting married, one of the most important steps in the wedding-planning process is applying for your marriage license. This pivotal document functions as a permit, proving that you and your significant other are legally able to marry one another. Without it, the government won’t formally recognize your union, declaring your marriage void.

To obtain your marriage license, you'll have to visit the county clerk's office in the area where you're getting married. At your appointment (which we recommend booking in advance), there are a few documents that you'll need to bring. Note that each state has different laws and requirements, so Litwack advises checking the rules for the county before arriving. Regardless of which legal forms you'll need, it's important that the text is in English (If not, have a certified translator do the honor).

Generally, you'll need to bring the following documents:

• Proof of Identification: In order to receive your marriage license, you must prove your identity, which is typically a valid passport. That said, the county clerk may ask for additional forms of identification, such as a driver's license or national ID. Additionally, some counties require a birth certificate to verify your age.
• Proof of Residency: In some counties, you’ll have to come prepared with a valid visa or a residency permit to demonstrate that you can enter or reside in the country for a certain period of time. 
• Divorce Decree or Death Certificate: If either you or your partner were previously married, you must show the county clerk that the former marriage has ended. A divorce decree is necessary for divorces, and a death certificate is a prerequisite for those whose previous spouse is deceased.
• Affidavit of Eligibility to Marry: Some states will require that you sign an affidavit, confirming that you're eligible to marry.
• Witnesses: You may be asked to attend your appointment with witnesses, family members or friends who have known you for at least six months. The number of bystanders will vary.
  

Hold Your Ceremony

Once you’ve received your marriage license, you’ll be eligible to hold a wedding ceremony. This can take place in any venue of your choosing, from a church to a courthouse, as long as it’s in the county that you applied for your marriage license. Remember to bring your marriage license with you, so your officiant (a judge, minister, or other authorized person) can fill out the paperwork.

Sign Your Marriage License

After you exchange vows, the person who presided over your ceremony will complete the form and sign the marriage license. Then, they'll gather signatures from you, your spouse, and other witnesses (the number varies depending on the state). Your officiant will then return the completed document to the county clerk’s office.

Receive Your Marriage Certificate

A few weeks after your officiant returns your marriage license, you’ll receive your marriage certificate in the mail. This document proves that you are legally married. It's especially important if you're applying for citizenship or changing your name following the ceremony.

How to File for U.S. Citizenship After Getting Married as a Noncitizen

If you're marrying a noncitizen, your marriage isn't a golden ticket into U.S. citizenship. "Chances of getting U.S. citizenship through marriage to a citizen are high but not guaranteed," Litwack says. After you and your significant other wed, there are a few other conditions that you'll need to meet to become an official resident of the country.

Fulfill Residency Requirements

Before applying for U.S. citizenship, you must be a green card holder for a certain period of time. To avoid disqualifying during the application process, Litwack recommends working with a U.S. immigration attorney. "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," she says. It's also required that you've lived with your spouse for at least three years before filing, according to the USCIS.

Submit the Necessary Paperwork

To become a U.S. citizen, you’ll need to complete Form N-400, Application for Naturalization, which entails providing information about your background, residency, and eligibility. You’ll also need to bring your marriage certificate, your green card, and other required supporting documents. Applying for naturalization also includes passing a civics and English test.

Prove the Marriage Is Bona Fide

If you're marrying a U.S. citizen, you must prove that your marriage is bona fide, meaning "in good faith," and not for the sole purpose of becoming a citizen. According to Litwack, you must verify that your marriage is genuine and that you have "good moral character." During an interview with a USCIS officer, you'll answer a series of questions that will help substantiate your intention. If the interview goes well, you'll officially become a U.S. citizen by taking the Oath of Allegiance.