Getting married in the U.S. as a foreigner sounds romantic—and it can be—but it’s also a process filled with legal requirements, paperwork and potential immigration hurdles.

Whether you’re a foreign national making plans to get married in the USA or a non-US citizen marrying a US citizen or Green Card holder in their home country, it will be important to ensure you hold the relevant permission to travel to the US for the purpose of getting married.

You don’t have to be a US citizen to legally marry in the country. Every state sets its own marriage laws, but most require little more than identification, a marriage license and compliance with local regulations. However, if you or your partner are dealing with visa issues, green card applications, or future immigration plans, you’ll need to be extra careful. A marriage certificate won’t automatically grant legal status, and getting the timing right is key to avoiding complications.

As such, you’ll need to understand the legal steps involved, the best visa options for your situation and how your marriage could impact future US immigration plans.

In this guide, we’ll break down exactly what you need to do to get married in the U.S. as a foreigner, minus the stress.

 

Foreign nationals visiting the US to get married

 

If you and your fiancé(e) are non-US citizens wanting to visit the USA to get married, it is possible to do this with tourist status. This means that if you only want to get married in the US and then return to your home country, you may enter on a B-2 tourist visa or under the Visa Waiver Program (ESTA) if eligible:

 

• Visa-free under ESTA If you are a national of one of the Visa Waiver countries, you can apply for ESTA authorization to travel to the US without having to secure a visa. Visa-free travel is allowed for trips of up to 90 days and permissible activities include getting married and tourism (honeymooning). You must have been granted your ESTA approval before you travel.
• B-2 tourist visa If your ESTA application is refused, or if you are not otherwise eligible, you may need to apply for the B-2 visitor visa. The B-2 visa permits and is usually granted for a maximum period of 6 months.

 

Getting married while on a tourist visa is legal, but staying in the US afterward may lead to immigration complications if you attempt to adjust status without prior intent. As such, you cannot apply to get married and stay in the US indefinitely under either the VWP or the B-2 visa. Whether you are travelling under the VWP or a B-2 visa, a key requirement you will need to evidence in your application (and potentially at the border should you be questioned by immigration officials) will be your intention to leave the US by the end of your permitted stay by showing for example evidence of your home residence such as mortgage statements, a letter from your employer to prove continued work in your country of residence and your return travel details. 

 

Getting married to a US citizen

 

If you are already in the US, with lawful status, for example with a work-related visa such as the H-1B or L-1 visa, marrying a US citizen does not automatically grant you immigration rights. Instead, you would need to apply to adjust your status from within the US. This will require you to show:

 

• You were granted lawful admission to the US under a nonimmigrant visa and this is still valid
• You have during this time breached the conditions of your visa status, and
• You do not have any convictions that would make you ineligible.

 

 

Entering the US as a fiancé of a US citizen

 

 

If you plan to get married in the US to a US citizen and stay in the country to live with your spouse, the K-1 visa may be the appropriate route. With a K1 visa, you can enter the US for the purposes of marriage and then apply to adjust your status to remain in the US with your spouse after you are married. Importantly – the K1 visa it is not an option for anyone marrying a Green Card holder – the US sponsor must be a US citizen.

You are generally eligible for the K-1 visa if you have met your US fiancé(e) in person in the past two years and are planning to marry within 90 days of the visa being issued.

The US citizen sponsor must file Form I-129F with USCIS on behalf of their fiancé(e). Once approved, the foreign fiancé(e) attends a visa interview at a U.S. embassy or consulate in their home country.

Upon entering the US on a K-1 visa, the couple must marry within 90 days of arrival.

After marriage, the foreign spouse must apply for adjustment of status (Form I-485), that is, apply for a Green Card, to become a lawful permanent resident.

This is a highly involved and time-sensitive process and will require you to submit documents and applications, pass background checks, attend interviews and take a medical.

 

Getting married to a US Green Card Holder

 

Unlike spouses of US citizens, who are considered immediate relatives and can apply for a Green Card right away, spouses of Green Card holders fall under the F2A visa category, which is subject to annual visa limits. Processing times for spouses of Green Card holders are therefore significantly longer than for spouses of U.S. citizens due to visa backlogs.

After marriage, the Green Card holder spouse must file Form I-130 (Petition for Alien Relative) with USCIS. Because F2A visas have an annual cap, there is typically a long wait (up to 35 months) before a visa number becomes available.

Once the visa becomes available, the foreign spouse can apply for an immigrant visa through consular processing (if outside the U.S.) or adjust status (if inside the U.S.).

If your spouse naturalizes and becomes a U.S. citizen while your I-130 petition is pending, your case will automatically upgrade to the immediate relative category (IR-1 visa). This means a visa number will be immediately available, and you can apply for adjustment of status without waiting for the F2A visa backlog.

If you are already in the US on a valid visa (such as H-1B, L-1, or F-1), you may remain in the country while waiting for the I-130 petition to be approved. However, you cannot apply for adjustment of status immediately unless your priority date is current and a visa number is available.

If you entered on a tourist visa (B-2) or ESTA, you cannot legally remain in the U.S. beyond your permitted stay while waiting for a visa number. You may have to leave and apply for a spousal visa through consular processing. Attempting to stay without a valid visa could lead to unlawful presence, visa denials, or even a ban from returning to the US.

 

Can you change from Visitor to Spouse visa?

 

If you enter the US as a tourist with no intention of getting married but meet a US citizen on your trip and subsequently marry, it will challenging – but not impossible – to stay in the country with your new spouse. If applying to adjust your status to that of a lawful permanent resident as a non-US spouse, you will need to show you arrived in the US with honest intentions to return home and the decision to marry and stay was made during your time in the US.

You have to prove you married in good faith. If, however, USCIS believes your relationship is not genuine, and that you entered into marriage for the purpose of gaining immigration benefits, your application will be denied, and you may be deported. 

Applicants should also note the 90-day rule for adjustment of status. It is not advised to apply to change your staus within 90 days of entering the US on a nonimmigrant, non-intent visa, as immigration authorities can presume fraud and the applicant should expect increased scrutiny of their application.

 

Need assistance?

 

If you are getting married in the USA or looking to marry a US citizen and stay with them in the country, given what is at stake, it will be important to approach your US immigration application with care. Whichever route is appropriate for your situation, the eligibility criteria are strictly applied and you will need to build a compelling case to support your application and convince the adjudicator that you meet the requirements. Timing is also often a critical factor in spouse-related visa applications.

NNU Immigration are specialist US immigration attorneys. We advise individuals on their US immigration options and provide professional guidance and support throughout the application process. Contact us for guidance.

 

Getting married in the US FAQs

 

Can I get married in the USA as a foreign national?

Foreign nationals can legally marry in the USA. Each state has its own marriage laws, so it is important to check the specific requirements for the state where you plan to marry. In general, you will need to obtain a marriage licence from a local county clerk’s office before the ceremony can take place.

 

Do I need a visa to get married in the USA?

A specific visa is not required to marry in the USA. Many people enter on a tourist visa such as the B-2 visa or through the Visa Waiver Programme if eligible. While these visas allow marriage, they do not automatically grant the right to remain in the country. If you wish to stay after marriage, you may need to apply for an immigrant visa or adjust your status.

 

Can I stay in the USA after getting married?

Marriage alone does not provide legal immigration status. If you wish to remain in the USA, your spouse will likely need to sponsor you for a spousal visa, such as a CR-1 or IR-1 immigrant visa. If you are already in the USA on a valid visa, you may be eligible to adjust your status without leaving the country.

 

Can I marry a US citizen on a tourist visa and then apply for a green card?

It is possible, but this can be legally risky. Entering the USA on a non-immigrant visa while intending to stay permanently may be considered visa fraud. You will need to demonstrate that you did not plan to remain when you first entered. If you apply for a green card soon after arrival, immigration officials may question whether you misrepresented your intent when you entered the country.

 

What documents do I need to get married in the USA?

Each state has different requirements, but most will ask for a valid passport or other government-issued identification. You may also need to provide proof of age, such as a birth certificate, and proof of divorce or a death certificate if you were previously married. Some states require additional paperwork, a waiting period, or a blood test before issuing a marriage licence.

 

Can I marry in the USA if I am already married in another country?

No, you must be legally free to marry. If you are still married, you will need to obtain a legal divorce before getting married in the USA. Polygamous marriages are not recognised under US law.

 

Does the USA recognise marriages performed in other countries?
Marriages performed abroad are generally recognised in the USA as long as they were legally valid in the country where they took place. If you plan to apply for a spousal visa, US immigration authorities may ask for official proof of the marriage and evidence that it is genuine.

 

How long does it take to get a marriage licence in the USA?

Processing times vary depending on the state. Some states issue marriage licences immediately, while others have a mandatory waiting period before the licence becomes valid. It is best to check with the local county clerk’s office in the state where you plan to marry.

 

Can same-sex couples get married in the USA?

Same-sex marriage is legal in all 50 states. Same-sex couples have the same marriage rights and immigration benefits as opposite-sex couples.

 

Can I change my visa status after getting married in the USA?

If you are in the USA on a valid non-immigrant visa, you may be able to apply for adjustment of status to obtain a green card. If you are in the USA under the Visa Waiver Programme or on a tourist visa, staying without proper authorisation could lead to legal complications, including visa denials or removal proceedings.

 

Can my spouse sponsor me for a green card immediately after marriage?

If your spouse is a US citizen, they can file a petition for you as an immediate relative, which means a visa is always available, and you may be able to apply for a green card right away. If your spouse is a green card holder, you will need to wait for a visa number to become available under the F2A visa category, which can take several months or years depending on visa backlogs.

 

Can I marry on a fiancé(e) visa instead of a tourist visa?

A fiancé(e) visa, known as the K-1 visa, allows a foreign fiancé(e) of a US citizen to enter the USA for the purpose of marriage. The wedding must take place within 90 days of arrival, after which the foreign spouse must apply for a green card to remain in the country. This visa is only available for fiancé(e)s of US citizens, not green card holders.

 

Do I need to have a wedding ceremony for my marriage to be legal?

A formal ceremony is not required in every state. Some states allow couples to marry through a civil marriage at a courthouse with only a judge or officiant present. Religious or formal ceremonies are also recognised as long as they comply with state marriage laws.

 

What happens if I get divorced after marrying in the USA?

Divorce laws vary by state. If you obtained a green card through marriage and then divorce, your immigration status may be affected. If you have a conditional green card valid for two years, you must prove that the marriage was genuine when applying to remove the conditions. If you already have a ten-year green card, divorce does not automatically affect your residency status, but it may impact future naturalisation applications.

 

Glossary

 

 

Term	Definition
Adjustment of Status	The process of applying for a Green Card from within the U.S. without leaving the country.
Affidavit of Support (Form I-864)	A legal document in which the U.S. Green Card holder spouse agrees to financially support the foreign spouse to meet immigration requirements.
Biometrics Appointment	A mandatory appointment where the applicant provides fingerprints, a photograph, and a signature for background checks as part of the Green Card process.
Conditional Permanent Residence	A two-year Green Card issued to spouses married for less than two years at the time of approval, requiring a later application to remove conditions.
Consular Processing	The process of applying for an immigrant visa from outside the U.S. through a U.S. embassy or consulate.
Divorce Decree	A legal document proving that a previous marriage has been legally dissolved. Required if either spouse was previously married.
Employment Authorisation Document (EAD)	A work permit that allows an applicant with a pending Adjustment of Status application to legally work in the U.S. while waiting for a Green Card.
ESTA (Electronic System for Travel Authorisation)	A travel authorisation system allowing nationals of Visa Waiver Programme (VWP) countries to visit the U.S. for up to 90 days without a visa.
F2A Visa	A family-based immigrant visa category for spouses and unmarried children (under 21) of U.S. Green Card holders. Subject to visa quotas and waiting times.
Form I-130 (Petition for Alien Relative)	A form filed by a U.S. citizen or Green Card holder to petition for a foreign spouse to obtain a Green Card.
Form I-129F (Petition for Alien Fiancé(e))	A petition used to apply for a K-1 fiancé(e) visa, available only to fiancé(e)s of U.S. citizens, not Green Card holders.
Form I-485 (Application to Register Permanent Residence or Adjust Status)	A form used to apply for a Green Card from within the U.S. after an I-130 petition is approved and a visa is available.
Green Card	A document granting lawful permanent residence, allowing a foreign national to live and work permanently in the U.S.
Immediate Relative Category	A visa category for spouses, parents, and unmarried children (under 21) of U.S. citizens. No numerical visa limits apply.
Inadmissibility	A legal barrier preventing an individual from obtaining a Green Card due to factors such as criminal history, past immigration violations, or health concerns.
K-1 Fiancé(e) Visa	A visa allowing a foreign fiancé(e) of a U.S. citizen to enter the U.S. to marry within 90 days. Not available for fiancé(e)s of Green Card holders.
Lawful Permanent Resident (LPR)	A foreign national who has been granted the right to live and work permanently in the U.S., also known as a Green Card holder.
Marriage Licence	A legal document issued by a U.S. state allowing a couple to marry. Requirements vary by state.
Medical Examination Requirement	A required health check for spouse visa applicants, conducted by a U.S. government-authorised physician.
National Visa Center (NVC)	The agency that processes immigrant visa applications after approval from USCIS and before consular processing.
Naturalisation	The process by which a Green Card holder applies to become a U.S. citizen, typically after five years (or three years if married to a U.S. citizen).
Overstay	Remaining in the U.S. beyond the authorised period on a visa or ESTA, which can lead to immigration bans and visa denials.
Petition Approval Notice	A document issued by USCIS confirming that an I-130 petition has been approved.
Priority Date	The date an immigrant petition is filed, which determines when a visa number becomes available for family-based applicants under the F2A category.
Public Charge Rule	A policy assessing whether an applicant is likely to become dependent on U.S. government assistance, which may affect visa eligibility.
Request for Evidence (RFE)	A notice from USCIS requesting additional documents or information to process an application. Failing to respond can result in application denial.
Spousal Sponsorship	The process where a U.S. citizen or Green Card holder files a petition for their foreign spouse to obtain permanent residency.
Visa Bulletin	A monthly publication by the U.S. Department of State indicating visa availability for family and employment-based Green Card categories.
Visa Number Availability	F2A visa applicants must wait for a visa number before applying for permanent residence, as these visas have annual numerical limits.