Frequently Asked Questions
I am a US citizen and I want to marry someone from another country.
Should we marry in my fiancée’s country or should we marry here? Also, how does my fiancée emigrate to
the USA after we are married?
I consistently recommend marriage in the United States if your personal circumstances
and those of your fiancée permit. In order for your fiancée to come here for marriage, you must file a petition
with the appropriate United States Citizenship and Immigration Services (USCIS) Service Center so that your approved petition
may be assigned to the United States Embassy or Consulate in your fiancée’s home country. Your fiancée
may thereafter apply for a K-1 visa, enter the USA, receive employment authorization, conclude your marriage within 90 days
of entry, adjust status to lawful permanent residence, and receive a green card.
If you are married in your fiancée’s
home country, your new spouse may not accompany you upon your return to the United States until you file an immediate relative
petition with the USCIS in the USA. You must then decide if you will remain with your new spouse in his or her home country
while the USCIS processes and approves your petition or if you will pursue K-3 classification for your new spouse pending
adjudication. If you do not pursue K-3 classification and have returned home without your new spouse, you must also decide
if you will thereafter return to your new spouse’s home country to appear at the United States Embassy or Consulate,
if required, for his or her immigrant visa interview.
Although expediency was often the greatest advantage of marriage
in the United States, processing a spouse to come to the United States may actually be just as efficient. In that case, your
spouse could be admitted in the K-3 classification and be allowed to remain in the United States while his or her petition
and adjustment of status is being processed.