Marrying an Immigrant Who is in the U.S.
Posted on Jun 14, 2016 9:00am PDT
The United States is a big place and at any given moment, we have millions of immigrants in our country visiting for school, work, travel, and to see family. That being said, it's no wonder why U.S. citizens meet and fall in love with immigrants who are visiting the U.S. every day.
What if you fall in love with and decide to marry a foreign citizen who decides to build a life with you in the U.S.? Well, you will need to follow the proper protocol in order for your fiancé to live in the U.S. legally, but how you go about that will depend on whether your fiancé is abroad, or currently in the U.S.
What if my fiancé is in the United States?
If your fiancé is already in the United States and he or she came here through a visa that is not a fiancé visa, and you get married, you will need to file what is called an I-130 relative petition for your fiancé once they are your spouse.
When the I-130 is filed, your spouse may also be able to file the Form I-485 along with it. On the other hand, if your fiancé came to the United States illegally, then he or she will not be allowed to adjust their status to permanent resident status while they are in the United States.
If you marry someone who entered the U.S. illegally, you will have to file an I-130 relative petition for your spouse, and if they are approved, he or she will have to leave the United States and try to obtain an immigrant visa at a U.S. Embassy or consulate abroad.
If you are engaged to marry a foreign national who is in the United States or overseas, you should contact an immigration attorney for legal advice and guidance.