Can a Foreigner Marry an American Citizen Without Going Through Any Legal Process?

Marriage is a legal standing that requires a legal process. When two individuals wish to be recognized by their state as married, they must obtain and complete a marriage license. This article will delve into the legal requirements for marriage in the United States, including the significance of marriage licenses and the varying processes that may apply, as well as the complexities of immigration for a foreigner wishing to marry an American citizen.

What Is a Marriage License?

A marriage license is a legal document issued by the government that certifies the couple's intention to marry. In the United States, obtaining a marriage license is a prerequisite for any legal marriage. Even where common law marriage exists in certain jurisdictions, the marriage license remains the most reliable and universally accepted form of certification.

Legal Recognition vs. Common Law Marriage

Every state in the United States has its own laws regarding marriage. While some states recognize common law marriage, others do not. Common law marriage typically requires living together for a certain duration and mutual intent to be recognized by the state. It's essential to note that common law marriages have their own set of requirements and may not be recognized by other states or in other countries.

Requirements and Steps for a Marriage License

To obtain a marriage license, the couple must provide personal identification, proof of age, and sometimes a Social Security number. The process varies by state, but generally involves a few straightforward steps:

Visit a local courthouse or designated office to initiate the application process. Fill out the application forms and pay the required fee. Attend a waiting period or specify that your application is expedited, if applicable. Receive your marriage license after the required waiting period or upon completion of an optional premarital counseling session.

After obtaining the marriage license, the couple can exchange vows and have the license signed by a minister, judge, or other authorized individual. The marriage must then be reported to the local government if the marriage is to have legal standing.

Immigration and Marriage to an American Citizen

Immigrating to the United States after marrying an American citizen involves additional legal processes beyond just obtaining the marriage license. A foreigner must comply with immigration laws and demonstrate a bona fide relationship with the citizen spouse.

Step 1: Filing the Petition

The American citizen spouse must file a Form I-130 with the United States Citizenship and Immigration Services (USCIS) to petition for the foreign spouse to become a legal permanent resident.

Step 2: Completing the Application

The foreign spouse must complete the necessary Form I-485, which includes proving the marriage is valid and the bona fide nature of the relationship. This involves documentation such as photos, legal proof of marriage, and joint financial statements.

Step 3: Attending an Interview

The foreign spouse may need to attend an interview with an immigration officer to answer questions about the marriage and their relationship with the American citizen. This is to ensure that the marriage is not fraudulent.

Step 4: Conditional Status

Once the USCIS approves the application, the foreign spouse may enter as a conditional resident and must apply to remove the condition within two years of being granted conditional status.

It is imperative for individuals to consult with an attorney specializing in immigration law for a detailed and personalized assessment. The legal processes and requirements can be complex, and an expert can provide guidance and support throughout the process.

Conclusion

While marriage in the United States does involve a legal process such as obtaining a marriage license, it is essential to recognize the importance of compliance with these requirements for the marriage to have legal standing. Additionally, for a foreigner wishing to marry an American citizen and then immigrate, strict immigration laws and additional legal processes must also be followed. Consulting an immigration attorney is highly recommended to navigate the complexities of the system.