How to Get Married in The USA as a Foreigner

Over two million weddings happen in the United States each year, and while this figure includes both citizens and foreign nationals, the process for non-U.S. citizens can be more complex than just saying ‘I do’. It requires careful preparation including understanding state-specific marriage laws to handling visa and immigration issues.

Understanding the Legal Framework

Marriage laws in the USA are primarily governed at the state level. This means each state has its own set of regulations regarding marriage eligibility, procedures, and documentation. Start by checking the official state government website where you plan to marry for the most accurate and up-to-date information.

Eligibility Criteria

To marry in the USA, you must meet specific eligibility criteria which are fairly consistent across most states:

• Age: The legal minimum age for marriage in most U.S. states is 18 years. Exceptions permit marriage from the ages of 16 or 17 with parental consent or judicial approval under specific circumstances, such as emancipation, pregnancy or if the individual already has a child.
• Consent: This is crucial for a valid marriage. Both individuals must fully understand their marital vows and willingly agree to be bound by them without being pressured or coerced. This rule is strictly enforced to prevent forced marriages.
• Prior Marriages: If either party has been previously married, they must provethat the marriage has been legally dissolved through death, divorce, or annulment through documentation such as a death certificate, divorce decree, or annulment order.
• Mental Capacity: Both parties must understand and consent to their rights, duties and obligations as spouses. If a person is deemed incapable of understanding these concepts due to mental disabilities, they cannot legally consent to marry.

Essential Documents

As a foreigner preparing to marry in the U.S., gathering the necessary documents is a critical step. Here’s what you’ll need::

1. A valid government-issued photo ID such as a passport, driver’s license, or Permanent Resident Card.
2. You and your fiance(e)’s birth certificates. If the original document is not in English, you must get a certified translationof it.
3. If you or your partner have been married before, you must provide evidence that the previous marriage(s) have been legally terminated.
4. If your partner is a U. citizen, they’ll need to provide their SSN. You (as the foreigner) may need to sign an affidavit or provide an Individual Taxpayer Identification Number (ITIN).
5. A few states still require blood tests for certain infectious diseases such as tuberculosis, syphilis and This requirement is uncommon in most states, so verify the rule concerning this in your resident state before applying for a marriage license.
6. Depending on your visa type and immigration status, additional documents such as your I-94 form (arrival/departure record) may be required.
7. If any required documents are not in English, engage the services of a translator or translation company that provides certified translation services. This ensures that the U.S authorities recognise and accept them.

Procedures for Getting a U.S. Marriage License

Securing a marriage license is essential to legally formalising your marriage in the U.S. While the process can vary by state, these general steps apply:

1. First, research the specific requirements for the state where you plan to marry. You can find this information on your resident state’s county clerk’s or health department’s website.
2. Next, you and your fiance(e) must visit the county clerk’s office to apply for the marriage license in person. Some states may allow you to start the application online, but both partners must be physically present to complete it.
3. During your visit, fill out the application form with your details. Be sure to bring necessary documents like ID, birth certificates, and proof of divorce or death of a former spouse if applicable.
4. Pay a processing fee. This typically ranges from $35 to $150 depending on the state.
5. Some states have a mandatory waiting period before you can legally marry. After the waiting period, ensure you marry within the valid period of the marriage license if not, the license will expire and you will need to reapply for a new one.
6. Your wedding ceremony must be performed by a state-ordained officiant who signs the marriage license and files it with the county office, legally finalising your marriage.
7. Once the license is filed, get official copies of your marriage certificate and store it in a safe place for future personal or legal processes, such as changing your name or applying for spousal benefits.

Common Challenges and How to Overcome Them

Marrying in the U.S. as a foreigner comes with a few challenges, but you can surmount them with the right steps. First, you must understand the legal requirements for marriage in the state where you plan to wed. Each state has its own rules and paperwork, which can feel overwhelming. To make this easier, thoroughly research the state’s laws or consult a family law expert. State or county clerk websites are also great places to find the information.

Visa and immigration issues are another important area to consider. Before you get married, ensure your visa status permits it and won’t cause any legal issues later. Consulting an immigration lawyer is crucial, especially if you plan to change your status after marriage, to avoid complications like visa fraud.

Cultural differences may also affect your wedding plans and even how you and your partner communicate. It’s important to have open conversations about your expectations and consider pre-marital counselling to help you and your partner navigate any cultural adjustments. You might find this article on couples counselling with mediation quite helpful.

You’ll also want to think about the financial and logistical aspects. Costs can add up quickly, so create a detailed budget covering everything from visa fees to the wedding itself. If English isn’t your first language, dealing with legal paperwork can be tough, so using translation services or getting help from a bilingual advisor can be beneficial.

Finally, when adjusting your resident status, ensure your documents are complete and submitted on time, and keep in regular contact with the USCIS and your lawyer to stay on track.