Getting a Marriage License

Are you a United States citizen who is planning to marry your foreign-born fiance? Before you tie the knot with an immigrant, you’ll need to navigate the process of getting a marriage license. Understanding the steps involved in getting a marriage licensed can help you know what to expect so you can plan accordingly. 

Read this guide to getting a marriage license before you start planning your wedding. Understanding these requirements and what documentation you’ll need in advance may just save you time and money. 

Why You Need a Marriage License

Why do you need a marriage license? This document gives you legal permission to get married. Just as you need a permit to build a house or drive a car, you also need one to marry your spouse, whether they are foreign-born or U.S. citizens. 

In order to be legally married in any state in the U.S., you need a marriage license. If you are marrying a foreign-born spouse and plan to live in the U.S. together, you may also need to apply for a marriage visa to ensure their legal residency.

What Happens With Your Marriage License After the Ceremony

After the wedding ceremony, the person who performed your ceremony–whether that’s a judge, a religious official, or an Elvis impersonator–will sign the license, then they’ll send it back to the government office. Once this happens, your marriage license will be transformed into an official marriage certificate, which serves as proof that you are legally married. 

Why is this important? You will need your marriage license for everything from adding your spouse to your health insurance to filing your taxes together. And in the case of immigrants, you’ll need it to prove that a legitimate marriage took place for immigration purposes.

How to Get Your Marriage License

The first step in starting the marriage process with an immigrant is understanding the legal requirements in your state. You’ll need to get a marriage license in order to marry legally. To do this, you’ll need to provide your county’s marriage license office with your identification. In some cases, you may also need to show proof of your foreign fiance’s immigration status. 

To marry an immigrant fiance, you will generally need to:

• Gather the documents that are required in your state
• Get any necessary translations of foreign documents
• Schedule required blood tests (if it’s required by your state)
• Plan for a legally recognized ceremony
• Get multiple certified copies of your marriage certificate
• Consider consulting an immigration attorney
• Gather evidence of the authenticity of your relationship
• Document the history of your courtship
• Begin collecting your financial records

It’s important to note that while marrying someone who is not a U.S. citizen is completely legal, the marriage must not be solely for immigration purposes.

The Marriage Process With an Immigrant: How it Works

So once you’ve got your marriage licence, how does the marriage process with an immigrant fiance work? 

Marriage to an immigrant follows the same basic legal process as any other marriage in terms of the ceremony and documentation. However, you should be prepared for additional scrutiny from immigration authorities to prove that your marriage is genuine. 

After marriage, couples typically begin the immigration process by filing the appropriate petitions based on the immigrant spouse’s current immigration status. The U.S. citizen spouse then becomes the petitioner, filing forms to help their spouse obtain legal status. 

Throughout this process, it’s important to maintain evidence of your shared life together, including your joint financial accounts, documentation of your shared residence, and documentation of your relationship. The more documentation you have that proves your marital relationship is genuine and not immigration fraud, the smoother the process will be.

The Timeline for Immigration Benefits Through Marriage

The timeline for obtaining permanent residence through marriage varies depending on several factors, including the immigrant spouse’s current status and whether they are married to a U.S. citizen or permanent resident. 

For spouses of U.S. citizens who are legally present in the U.S., the process typically takes 12-18 months from filing to green card receipt. However, the initial conditional green card is valid for two years, and couples must file to remove conditions 90 days before the second anniversary of receiving the conditional green card. 

This requirement helps ensure the marriage remains genuine throughout the immigration process. After three years of marriage and residency with a U.S. citizen spouse, immigrants can apply for citizenship, provided they meet all other naturalization requirements.