If you’re a United States citizen involved in an international romantic relationship, you may be curious about how to marry your soulmate in the country legally. They won’t be able to enter the country on a typical tourist visa, as that’s not what those are intended for. If you’ve already done your homework and know that the K-1 visa is what your loved one needs, your next step is to figure out how to get married within the 90 window that this visa allows. The answer is simple: a courthouse wedding!
Long Distance Romance and the Fiancé(e) Visa
As the world has become smaller due to cheap international travel and the wonders of the digital age, some romantic couples may find themselves on opposite sides of the planet. Although they want to get married, relationships of this type have one major hurdle to overcome. For a U.S. citizen to marry their foreign-born spouse who resides outside the country, not “any old visa” will do if they intend to enter the United States to marry their sweetheart. For this scenario, the K-1 fiancé(e) visa is the one they need.
What is a K-1 Fiancé(e) Visa?
The K-1 Fiancé(e) visa is a nonimmigrant visa intended for a foreign-born fiancé(e) to legally enter the United States and marry their United States citizen partner. Once they enter the country, they’ll have 90 days to marry legally. After the wedding has taken place, the foreign-born spouse can file for a green card by filing Form I-485 (Adjustment of Status). Once filed, the foreign-born spouse can legally stay in the United States while their green card application is processing.
Here’s a simplified look at how to file for the K-1 visa:
1. U.S. Citizen Files the Petition
- The U.S. citizen fiancé(e) starts the process by filing Form I-129F (Petition for Alien Fiancé(e)) with USCIS.
- You’ll need to prove your relationship is real by including documents like photos, messages, and evidence of time spent together.
2. USCIS Approves the Petition
- USCIS reviews the petition. If everything looks good, they approve it and send it to the National Visa Center (NVC).
- The NVC will then forward the petition to the U.S. embassy or consulate in the foreign fiancé(e)’s country.
3. Fiancé(e) Applies for the K-1 Visa
- Once the petition reaches the U.S. embassy or consulate, the foreign fiancé(e) applies for the K-1 visa.
- They need to submit Form DS-160 (Online Nonimmigrant Visa Application), along with supporting documents like their passport, medical exam results, and police clearance.
4. Attend Visa Interview
- The foreign fiancé(e) will attend an interview at the U.S. embassy or consulate. They’ll ask questions about your relationship to make sure it’s genuine.
- If everything goes well, the K-1 visa will be issued!
5. Enter the U.S. and Get Married
- Once the K-1 visa is granted, the foreign fiancé(e) can travel to the U.S.
- After arriving, the couple has 90 days to get married.
6. Apply for a Green Card
- After the wedding, the foreign spouse will need to apply for a green card by submitting Form I-485 (Application to Adjust Status) to stay in the U.S. legally.
What You Need to Know About a Courtroom Wedding
Getting married when your partner is in the U.S. with a K-1 fiancé(e) visa requires careful planning to meet legal requirements. Here’s what you need to know:
1. You Must Marry Within 90 Days
Once your fiancé(e) enters the U.S. on a K-1 visa, you must get married within 90 days. If you don’t marry within this period, your fiancé(e) must leave the U.S. as the visa expires. You’ll need to apply for a marriage license prior to your courtroom wedding. Conditions vary depending on your location, so be sure to inquire about how long the marriage license is valid. They are typically valid for anywhere from 30 to 90 days.
2. Courthouse Weddings are a Quick and Simple Option
Many couples opt for a courthouse wedding because it’s fast and legally binding. It meets the K-1 visa requirement without needing an elaborate ceremony. You can always plan a more significant celebration later, but the courthouse ensures you’re legally married within the 90-day window. This is a common scenario for lovers who have a small and binding window of time to get married. A courtroom wedding in no way detracts from your commitment to each other and is a perfectly good way to start your life together.
3. Legal Documentation
You’ll need to bring certain documents to the courthouse, such as:
- Proof of identity (driver’s license, passport).
- Your fiancé(e)’s **K-1 visa and passport.
- Marriage license (which you must apply for at your local county clerk’s office before the wedding).
4. After the Wedding: Applying for a Green Card
Once married, your spouse must apply for a green card (permanent residency) by filing Form I-485 (Adjustment of Status). The courthouse wedding makes your marriage legal, allowing you to apply for a green card.
5. Failure to Marry Can Lead to Visa Issues
If you don’t marry within 90 days, your partner can’t remain in the U.S. on the K-1 visa. They would either have to leave the U.S. or face potential immigration issues.
Kickstart Your Marriage with a Courthouse Wedding
A courthouse wedding is a practical solution for couples on a tight timeline, and it’s a critical step in the K-1 visa process. Once the marriage is official, you can move forward with applying for permanent residency and begin your life together in the U.S. You can always plan another more significant wedding ceremony despite already being legally married.
If you have questions about how to file for a K-1 visa or any other immigration concerns, feel free to contact the immigration experts at US-IMMIGRATION.COM.
