Marrying a Non-U.S. Citizen in the State of California
The application process to marry a non-US citizen in California varies depending on the circumstance. Here’s how to marry a non-U.S. citizen in California.
There are a few different ways to marry a non-U.S. citizen in California. These options consider whether or not the couple is already located in the U.S., as well as where the couple has gotten or plans on getting married.
How does one legally marry a non-U.S. citizen who is already in California?
The 90-day rule
If both future spouses are residing in the United States, the non-U.S. citizen might have obtained a temporary United States work or visitor visa. The next step for the couple is to begin the process of “adjustment of status.” Adjusting status must take place in order to change the non-U.S. citizen’s temporary visa into a green card. To begin this process, both parties must become legally married and register the marriage with county officials.
Related: How to Get Married in California
In a case involving a nonimmigrant visa holder, the “90-day rule” applies. The 90-day rule is a presumption that the non-U.S. citizen willfully misrepresented their immigration intentions at the time of admission into the United States. If a nonimmigrant visa holder marries a U.S. citizen during their first 90 days within the country, the couple may arouse suspicion from the USCIS. In applying for their green card, the non-U.S. citizen must somehow prove that they had no original intention of entering the country to marry for citizenship. While this may be tricky, it is possible. Overall, it is recommended that a nonimmigrant visa holder refrains from any actions (such as marrying a U.S. citizen) that would raise any concern during the 90 day period.
The green card application process
In applying for a green card, the U.S. citizen acts as a sponsor for the future spouse and is required to apply with them. This process is known as “concurrent filing”, and necessitates that Form I-130 (Petition for Alien Relative) and Form I-485 (Application for Adjustment of Status) are filed jointly. The U.S. Citizenship and Immigration Services (USCIS) handle all applications that are filed from the United States. A biometrics appointment, as well as an in-person interview, are required during this process. If the non-citizen spouse legally entered on a visa but lost their visa status, the adjustment of the status process will forgive them for doing so. Finally, the spouse requesting a green card will be issued an authentic visa for as long as 2.5 years after filing the marriage-based green card application.
Related: Legal and Financial Benefits of Being Married in California
How does one marry a non-U.S. citizen who is not in California?
Marrying the individual outside of the country
One way to marry a non-U.S. citizen who is not in California is to get married outside of the country and later apply for a green card through consular processing. Consular processing involves applying for a green card through a U.S. embassy or consulate. In order to do so, it is necessary to file Form I-130 and Form DS-160 (Online Nonimmigrant Visa Application). A medical exam and an interview at a U.S. embassy or consulate are also required. This method leads to a green card upon arrival in the U.S.
Marrying the individual within the country
Another way to marry a non-U.S. citizen who is not in California is through the K1 visa. This visa is alternatively known as a fiancé visa and allows couples to marry in the United States. Later on, they will be able to alter the spouse’s status to permanent residency. This type of visa is acquired ahead of time from a consulate or U.S. embassy. In order to file for a fiancé visa, the couple is required to have had in-person contact for the past 2 years. Upon the foreign fiancé’s arrival in the United States, the couple has 90 days to get married. Hence, the rise of the term “90-day fiancé.”
FAQs
Are there penalties for marriage fraud?
There are serious penalties that can accompany marriage fraud. U.S. immigration authorities take such shams seriously, therefore the couple can be faced with significant penalties. Such penalties can include the foreign spouse being deported and banned from the United States with a prison sentence of up to five years and fines as high as $250,000. The other spouse can also face serious penalties including jail time and heavy fines.
Are same-sex couples eligible for a green card through marriage?
The USCIS makes such decisions based on the location of where the marriage took place rather than based on the sex of the couple. For instance, if the state or country in which the marriage took place legally recognizes gay marriage, immigration benefits may be allowed. If the same-sex marriage occurred in a location that does not legally recognize gay marriage, one spouse can sponsor the other for a fiancé visa in order to legally marry within 90 days of coming to the United States.
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