Marriage Visa

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A common question for those experiencing international weddings, is "how do I obtain a marriage visa?"

We have the answers.

If your fiance is not a US citizen and you plan on having your wedding in the US, you must file a petition with the US Citizenship and Immigration Services on behalf of your fiance. Once approved, your fiance must obtain the visa itself at the US Embassy where he or she is located abroad.

The wedding must take place within 90 days of your fiance entering the US. If that does not happen, your fiance must leave the country. A person entering the country on a marriage visa may not obtain an extension, unlike many other visas that may be obtained by foreign nationals.

Another important note, is that if your fiance intends to live and work permanently in the US, an application must be made for permanent resident status (or alternatively, for US citizenship). If your fiance does not want to live and work in the US, he or she must leave the country at the expiration of the 90 day visa. Initially, once the application is made for permanent resident status, your fiance will recieve a conditional permanent resident status for two years.

Another important note is that someone entering the country on a marriage visa may not leave the country and return without either a new visa, or obtaining travel documentation beforehand.

To convert "conditional permanent resident status" to "permanent resident status", the bride and groom must together apply during the 90 day period prior to your second anniversary. Failing to properly file the form within the 90 day period will result in automatic termination of conditional status and will result in removal from the country.

Paperwork timelines are very important. The immigration service is increasingly strict about the rules and even with excellent legal counsel there is very little wiggle room. Regular communication with the USCIS field office nearest you is strongly recommended, and hiring a lawyer to manage paperwork and timelines is definitely a good idea - but... and this is a big but - do not trust ANYONE to handle your paperwork in autonomy. A failure on the part of your lawyer or documentation manager is still a failure. Professionals are excellent resources, but they get sidetracked with busy schedules and personal problems just like everybody else. It's up to you to know when things need to get filed and to make sure the professionals are doing their job.

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