What are the US laws on marrying a foreigner?
Asked by: Zetta Wehner | Last update: February 4, 2026Score: 4.6/5 (48 votes)
US laws allow a U.S. citizen to marry a foreigner, with primary pathways involving either bringing a fiancé(e) to the U.S. on a K-1 visa to marry and adjust status or, if already married abroad, petitioning for a spousal immigrant visa (Form I-130) for them to enter as a permanent resident, all while ensuring a genuine, bona fide marriage to avoid fraud penalties like fines and prison time.
What are the requirements to marry a non-U.S. citizen?
Requirements:
- You must be a U.S. citizen (not a green card holder)
- You and your fiancé(e) must have met in person within the past 2 years (with rare exceptions)
- You must both be legally free to marry.
Can someone get deported if they are married to a U.S. citizen?
Yes, you can still be deported even if married to a U.S. citizen, as marriage doesn't automatically grant legal status or stop removal orders, especially if you entered without inspection, have a criminal record, committed fraud, or overstayed a visa, though marriage to a citizen can create pathways (like adjustment of status) to obtain a green card and legal protection if you meet specific eligibility criteria and immigration history.
How long does a foreigner have to be married to a U.S. citizen?
A foreigner married to a U.S. citizen generally must be a permanent resident (have a Green Card) and live in a genuine marital union for three years before applying for U.S. citizenship (naturalization), applying 90 days early, compared to the standard five-year rule for other Green Card holders. This three-year period requires continuous cohabitation and a shared life with the U.S. citizen spouse, and the spouse must remain a U.S. citizen throughout the process.
What are the requirements for marrying a foreigner?
The following documents are essential:
- Certified South African ID Document.
- Certified Foreign Passport.
- Custom Entry Stamp/Visa.
- Three passport-sized photos of the couple.
- Clear copy of the Divorce Decree with stamp (if applicable)
- Death Certificate (if applicable)
- Marital Status Affidavit (UK Nationals; more on this below)
Must Know Before Getting Engaged to Marry a Non-American in USA, 2023
What do I need to do while marrying a foreigner in the USA?
If you marry first, whether in the US, abroad, or through a legally recognized online ceremony, you can file Form I-130 to sponsor your spouse. After USCIS approval, the case goes to the National Visa Center (NVC) and then to a US consulate for an immigrant visa interview.
What are the risks of marrying a foreigner?
Foreigners face unique challenges with immigration laws, cultural differences, and adjusting to a new environment. The dangers of marrying a foreigner include navigating complex immigration laws, understanding profound cultural differences, and managing the intricate immigration process.
What happens if a U.S. citizen marries an undocumented immigrant?
When a U.S. citizen marries an undocumented immigrant, the marriage itself doesn't grant immediate legal status, but it creates a pathway for the immigrant to apply for a Green Card (lawful permanent residency) through a process called "adjustment of status" or "consular processing," though entry without inspection can trigger bars to re-entry and require waivers, making it complex and sometimes involving scrutiny from U.S. Immigration and Customs Enforcement (ICE) and potentially leading to detention.
Can I stay in the US if I get married to a U.S. citizen?
Yes, marrying a U.S. citizen provides a pathway to stay in the U.S. and get a Green Card (lawful permanent residency) as an "immediate relative," but you must formally apply through U.S. Citizenship and Immigration Services (USCIS) by filing specific forms like the I-130 and I-485, and the process depends heavily on your entry method and immigration history, with unlawful entry creating significant complications. Marriage itself doesn't grant automatic legal status; you must complete the adjustment of status process (if in the U.S.) or consular processing (if abroad) to get your Green Card.
What is the 3 year rule for spouses of US citizens?
The spouse must have continuously resided in the United States after becoming a lawful permanent resident (LPR) for at least 3 years immediately preceding the date of filing the naturalization application and must have lived in marital union with his or her citizen spouse for at least those 3 years.
How do you protect yourself when marrying a non-U.S. citizen?
How to Protect Yourself When Marrying a Foreigner: Setup a Timeline for Citizenship. There are several ways a prenup can help protect you when marrying a foreign spouse. However, setting a reasonable timeline for your spouse to gain permanent residency or citizenship is one of the most important.
Can ICE take you if you're married to a U.S. citizen?
Many people think marriage to a U.S. citizen keeps them safe from deportation. This isn't true. ICE can still send you back to your home country in certain situations. Being married alone doesn't give you legal status or protection.
What is the 3-3-3 rule for marriage?
The "3 3 3 rule" in marriage typically refers to a couple dedicating 3 hours of uninterrupted alone time for each partner weekly, plus 3 hours of focused couple time weekly, aiming to reduce resentment, increase connection, and ensure both personal space and shared intimacy, often broken into smaller segments for flexibility. It's a tactic to create balance and intentional connection, combating the disconnect that often happens with busy lives and children, allowing partners to recharge individually while also nurturing the relationship.
How long are you financially responsible if you marry an immigrant?
You are financially responsible for your immigrant spouse (as their sponsor via Form I-864) until they become a U.S. citizen, earn 40 qualifying work quarters (about 10 years), permanently leave the U.S., or either you or your spouse dies, with divorce not ending the obligation; the obligation ensures they don't become a public charge.
Do I automatically get a green card if I marry a U.S. citizen?
In many cases, yes. Because marriage is a relatively easy route to permanent residence, USCIS grants conditional permanent residence for two years. After two years, you will need to file Form I-751 to remove the conditions of residence and to get a permanent green card.
What are the red flags for green card marriage?
Red flags for a marriage-based green card signal a potentially fake marriage, focusing on lack of genuine cohabitation evidence (bills, leases), significant discrepancies in personal details (age, culture, language, education), very quick marriages after meeting, financial issues (no joint accounts), or inconsistencies during the interview (nervousness, poor answers about spouse). USCIS looks for proof of a bona fide (genuine) relationship, so missing joint documents or major life differences without explanation raise suspicion.
Can I overstay my visa in the USA if I get married?
Yes, if you are married to a U.S. citizen, your overstay can generally be forgiven, and you can adjust your status to that of a lawful permanent resident (green card holder) from within the United States, under the Immigration and Nationality Act (INA) §245(a).
Does marrying a U.S. citizen prevent deportation?
No, being married to a U.S. citizen does not automatically stop deportation; it creates a potential pathway to legal status, but protection depends heavily on your immigration history, criminal record, and timely filing of proper paperwork, with unlawful entry or certain crimes often blocking relief despite marriage. While a genuine marriage offers eligibility for benefits like adjusting status (getting a green card), this process is complex and requires meeting specific requirements, and immigration authorities can still initiate removal proceedings, especially if you entered illegally or have a criminal history.
What happens if an illegal immigrant has a baby in the US?
If an undocumented immigrant has a baby in the United States, the child automatically becomes a U.S. citizen under the 14th Amendment's birthright citizenship clause, regardless of the parents' immigration status, a principle confirmed by Supreme Court precedent like United States v. Wong Kim Ark. This grants the child U.S. citizenship rights, but does not automatically grant legal status or protection from deportation for the undocumented parents, though the child's citizenship can be a factor in deportation appeals for "extreme hardship".
How long does it take for an illegal immigrant to get a green card after marriage?
Marrying a U.S. citizen is one of the fastest ways to get a green card. The total wait time for a marriage-based green card averages about 9.3 months. Processing times vary based on factors such as the applicant's location, USCIS workload, and whether the spouse is applying from within the U.S. or abroad.
What is the easiest citizenship through marriage?
Fastest and Easiest Citizenship by Marriage Options
France: Reduced timeline to citizenship of three years for couples living together in France. Canada and the U.S.: Both have streamlined processes for spouses, with naturalization possible after three years of permanent residence, provided all requirements are met.
What to know when marrying a non-U.S. citizen?
There are various visa options available to spouses of non-citizens. K-1 Visa: Known as the fiancé visa, this is the most common option. This visa allows your fiancé(e) to enter the United States for 90 days, during which time you must get married. Once you're married, your spouse can apply for a green card.
What is a red flag in a marriage?
Red flags in marriage include abuse (physical, emotional, financial), contempt and disrespect, lack of trust (infidelity, secrecy), poor communication (stonewalling, constant criticism), addiction, controlling behavior, and refusal to seek help, all pointing to deeper issues with trust, respect, and connection that erode the relationship's foundation.
What is needed when marrying a foreigner?
As long as your partner has a valid visa and a letter of non-impediment, the process is the same. Thank you for your email asking what steps you need to take to marry a foreigner, while you are a South African citizen. Your partner must be able to prove he is in the country legally – a visitor's visa is enough.