While love knows no borders, unfortunately, U.S. immigration laws do. If you’re a U.S. citizen planning to marry a non-U.S. citizen, there are several immigration paths to consider depending on where you currently live, where the wedding will take place, and your long-term plans for living together in the U.S. This guide walks you through every major option, requirement, and timeline you need to know for a marriage green card.
Key Paths to Marry a Non-U.S. Citizen
| Situation | Best Option |
| You want to marry in the U.S. | K-1 Fiancé Visa |
| You’re already married abroad | Spouse Visa (Consular Processing) |
| You’re both in the U.S. | Marriage + Adjustment of Status |
| You’re a green card holder | Spouse Visa (with longer wait) |
Below we go over each path in more detail.
K-1 Fiancé(e) Visa (If You’re Not Married Yet)
If your partner is abroad and you want to marry in the U.S., the K-1 visa is designed for this. It allows your fiancé(e) to enter the U.S. legally for the purpose of getting married within 90 days.
Requirements:
- You must be a U.S. citizen (not a green card holder)
- You and your fiancé(e) must have met in person within the past 2 years (with rare exceptions)
- You must both be legally free to marry
After the Wedding:
Once married, your spouse can apply for a green card through a process called adjustment of status.
Important Update (2025):
As of May 1, 2025, USCIS has implemented a new version of Form I-129F with stricter formatting and filing guidelines. Make sure to use the correct form edition to avoid delays or denials.
Marriage Abroad + Green Card via Consular Processing
If you’re already married (or plan to marry) outside the U.S., your spouse will need to apply for a green card through the U.S. Embassy or consulate in their country. This process is known as consular processing.
Steps:
- File Form I-130 (Petition for Alien Relative)
- Wait for USCIS approval
- Complete Form DS-260 for immigrant visa processing
- Attend a visa interview and medical exam abroad
Benefits:
- No need to enter the U.S. on a temporary visa
- Your spouse becomes a permanent resident upon arrival
Already in the U.S.? Get Married, Then Adjust Status
If your fiancé(e) is already in the U.S. on a valid temporary visa (such as a student or work visa), you can marry and then file for a green card through adjustment of status.
Be Aware of the 90-Day Rule:
If your fiancé(e) entered the U.S. on a tourist or other temporary visa and you marry or apply for a green card within the first 90 days, USCIS may suspect visa fraud. Timing matters so consult our immigration attorney if unsure.
Concurrent Filing:
You can file Form I-130 and Form I-485 (adjustment of status) at the same time. This is called concurrent filing and can streamline the process.
What if I am a Green Card Holder and not a U.S. Citizen?
You can still petition for your spouse, but there will be a longer wait.
Key Differences:
- Visa availability is subject to yearly limits
- Your spouse must remain in valid immigration status until a visa becomes available
- K-1 fiancé visas are not available to green card holders
Legal Marriage Recognition for Immigration
USCIS only recognizes legal civil marriages documented by government-issued marriage certificates. These must meet the legal standards of the country where the marriage took place.
U.S. won’t recognize:
- Proxy marriages
- Polygamous marriages
- Civil unions or domestic partnerships
- Marriages entered into solely for immigration benefits
Same-sex marriages are recognized, provided the country of marriage allows them.
Be Prepared to Prove the Marriage Is Real
To prevent marriage fraud, USCIS requires evidence that your relationship is genuine. Expect to provide:
- Joint Fiancial co-mingling (joint bank account, joint credit card, joint utilities)
- Joint lease or joint deed
- Affidavits from friends and family
- Photos (couple, with family and friends)
A marriage-based green card interview is typically required to confirm the validity of your relationship.
Benefits of Hiring an Immigration Attorney Before Marrying a Non-U.S. Citizen
Navigating the U.S. immigration system can be overwhelming, especially when love and legal processes intersect. Hiring our experienced immigration attorney before getting married can help you avoid costly mistakes, delays, or even unintentional visa violations. Our attorney can evaluate your unique circumstances, recommend the best visa pathway (such as K-1 or consular processing), ensure that all forms are correctly prepared, and advise you on critical issues like the 90-day rule or inadmissibility risks. We can also help you gather the strongest evidence to prove the authenticity of your relationship, which is vital in marriage-based immigration cases. Most importantly, our attorney acts as your advocate throughout the process, helping reduce stress, prevent denials, and improve your chances of a successful outcome. Call us today at (213) 375-4084 to discuss your situation.
Marrying a Non-U.S. Citizen FAQ
How long does it take to get a marriage-based green card?
Anywhere from 10 to 24 months, depending on your situation and location. See our full marriage green card guide for details.
