Legal

Visa to Vows: How to Get Married in the US as a Foreigner

February 27, 2025
8 min

Whether you and your partner are non-U.S. citizens or you're a U.S. citizen planning to marry a foreigner, understanding the conditions for obtaining a marriage license is crucial.

While marriages in the United States are legally binding, certain requirements must be met for recognition by the U.S. or your home country.

Fortunately, these stipulations are generally straightforward.

Through this article, we’ll learn how to get married in the U.S. as a foreigner via simple steps.

Join us along this journey as you prepare to begin a new one for yourself!

Disclaimer: While we strive to provide clear and accurate information, this article is for general guidance only and should not be taken as legal advice. Immigration rules can be complex and subject to change. For personalized advice tailored to your situation, we always recommend consulting a qualified immigration attorney.

an interracial couple posing for a marriage shoot

Required Documents for Non-U.S. Citizens

Getting married in the U.S. as a non-U.S. citizen is relatively easy.

Couples need to provide identification such as a driver's license, state-issued ID, or passport to the county where they plan to marry.

Any valid government ID with a photo should be acceptable. Citizenship or immigration status does not hinder the ability to marry.

However, it's essential to note that each state has varying laws:

  • Proof of Identity: A valid passport, driver’s license, or national ID is usually required. Some states may also ask for a birth certificate to verify age.
  • Proof of Residency (if required by state): Certain counties may ask for a valid visa, residence permit, or proof of temporary address in the U.S.
  • Divorce Decree or Death Certificate: If either partner was previously married, you must provide legal proof that the marriage ended.
  • Affidavit of Eligibility to Marry: Some states require an affidavit confirming you are legally eligible to marry.
  • Witnesses: A few states may ask you to bring one or two witnesses who have known you for a specified period (usually six months).

Before applying for a marriage license for non-US citizens, check with the county clerk’s office to confirm the exact requirements in your chosen state.

Requirements for Immigration

a visa stamp on an immigration ID

Marrying a U.S. citizen does not guarantee automatic citizenship.

The non-citizen spouse must prove the genuineness of the marriage, demonstrate good moral character, and meet various requirements to qualify for a green card and potential U.S. citizenship.

Conditions include continuous residence in the U.S. after becoming a lawful permanent resident and living in marital union with the citizen spouse for at least three years.

It’s best to check the requirements with an immigration lawyer before you decide to get married. 

Additional Information

Before marrying in the U.S., documents should be translated into English.

It's also crucial to confirm if your home country recognizes marriages conducted in the U.S. Consultation with a U.S. immigration attorney is advisable, especially if dealing with the United States Citizenship and Immigration Services (USCIS), as marriage fraud or criminal convictions can impact success.

Court Marriage in the USA for Foreigners: How to Apply for a Visa

If you're planning to marry in the U.S. and you're not a citizen, securing the right visa is a crucial step.

Depending on your situation, there are two main visa options that allow non-citizens to marry U.S. citizens in the United States

Step 1: Determine Which Visa You Need

What’s your situation? Your visa type depends on whether you are:

  • Engaged to a U.S. citizen and plan to marry in the U.S. → Apply for a K1 Fiancé Visa.
  • Already married to a U.S. citizen and applying from outside the U.S. → Apply for a CR1 Spouse Visa.
  • Planning a temporary visit to marry but NOT stay in the U.S. → A Tourist Visa (B2) may be an option, but you must leave after the wedding.

Step 2a: Applying for a K1 Fiancé(e) Visa (If Engaged to a U.S. Citizen)

a person filling out a visa application for getting married in the US as a foreigner

If applying for a visa to marry in the U.S., the U.S. citizen partner will likely need to apply for a K1 visa, also known as the fiancé(e) visa.

After approval, the non-citizen will undergo an interview at the U.S. consulate in their home country.

Upon approval, a K1 visa is issued, allowing entry to the U.S. for marriage within 90 days and subsequent application for a green card.

The K1 Visa Application Process

a. U.S. citizen partner files a petition (Form I-129F).

  • The U.S. citizen partner must file Form I-129F (Petition for Alien Fiancé(e)) with U.S. Citizenship and Immigration Services (USCIS).
  • Required supporting documents:
    • Proof of U.S. citizenship (passport, birth certificate)
    • Evidence of a genuine relationship (photos, travel records, messages)
    • A written statement of intent to marry within 90 days of arrival

Processing Time: 6–9 months (can vary).

b. USCIS approves the petition and sends it to the National Visa Center (NVC). Once approved, the petition is sent to the NVC, which forwards it to the U.S. Embassy in the fiancé(e)’s home country.

Once the K1 visa is approved, the non-citizen partner must:

  1. Enter the U.S. within the visa’s validity period.
  2. Get married within 90 days of arrival. Failure to marry within this period will require leaving the U.S. or applying for another visa.
  3. Apply for Adjustment of Status (Form I-485). This application allows the non-citizen spouse to transition from a K1 visa holder to a lawful permanent resident (green card holder).
  4. Attend a USCIS interview. Both spouses must attend an in-person interview to verify the legitimacy of the marriage.

Step 2b: Applying for a CR1 Spouse Visa (If Already Married to a U.S. Citizen)

The CR1 Spouse Visa is for couples who are already married and want the non-U.S. citizen spouse to move to the U.S. as a permanent resident.

CR1 Visa Process (For Married Couples)

a. File Form I-130 (Petition for Alien Relative)

  • The U.S. citizen spouse files Form I-130 with USCIS.
  • Applicants must submit evidence of a genuine marriage, including:
  • Marriage certificate
  • Joint bank accounts, property, or bills
  • Photos and messages showing a legitimate relationship
  • Processing time: Typically 12–15 months, but it varies based on USCIS workload and country-specific embassy backlogs.

b. National Visa Center (NVC) Processing

  • After USCIS approves the petition, the case is forwarded to the National Visa Center (NVC), which assigns a case number.
  • The non-U.S. citizen spouse must complete the DS-260 Immigrant Visa Application and submit financial support documents.
  • Once all documents are verified, NVC forwards the case to the U.S. embassy in the applicant’s home country.

c. Complete Medical Exam & Visa Interview

  • Before the visa interview, the non-U.S. citizen spouse must complete a medical exam by a U.S. embassy-approved physician.
  • During the interview at the U.S. embassy, the spouse must prove the marriage is real and submit additional documents.

d. Receive CR1 Visa & Travel to the U.S.

  • If approved, the non-U.S. citizen spouse receives the CR1 visa and can enter the U.S. as a lawful permanent resident.
  • If the marriage is less than two years old, the spouse receives a conditional green card (CR1) valid for two years.
  • If the marriage is two years or older, the spouse receives a permanent green card (IR1) valid for 10 years.
  • After two years, conditional green card holders must apply to remove conditions (Form I-751) to obtain a permanent green card.

Alternative - Getting Married Online (Courtly’s Solution)

a young couple learning how to get married in the US as a foreigner through Courtly

Skip the courthouse and marry online!

Through Courtly, couples can legally marry 100% online and receive a valid U.S. marriage certificate—even if they are in different countries.

Why Choose Courtly?

  • No need to travel for a wedding ceremony.
  • Process is fully remote and legally recognized in the U.S.
  • Marriage certificate delivered within 48 hours.

Important Note on Immigration:

If you plan to apply for a U.S. visa, USCIS requires couples to meet in person after an online wedding for the marriage to be valid for immigration purposes.

For a CR-1 Spouse Visa: You must meet in person after the online marriage before applying.

If you haven’t met in person yet, a K-1 Fiancé(e) Visa may be required instead.

Consult an immigration attorney to understand your visa options.

How it works:

  • Schedule an online ceremony (Courtly handles all legal paperwork).
  • Get married from anywhere in the world via a virtual officiant.
  • Receive your U.S. marriage certificate within 48 hours.
  • Meet in person if you plan to apply for a spousal visa.

Post-Marriage Legal Steps for Non-U.S. Citizens

After getting married, the non-citizen spouse must complete these legal steps to remain in the U.S. lawfully.

Step 1: Obtain a Certified Marriage Certificate

Once the marriage is official, the officiant must submit the signed marriage license to the county clerk’s office. You will then receive a certified marriage certificate, which is needed for immigration applications.

Step 2: Apply for a Green Card (Adjustment of Status)

After marriage, the non-citizen spouse must apply for a green card to become a lawful permanent resident.

The process includes:

  1. Filing Form I-485 (Adjustment of Status). This application allows the non-citizen spouse to transition from a visa holder to a green card holder.
  2. Submitting supporting documents. These include passport copies, a marriage certificate, proof of relationship (e.g., joint bank statements, lease agreements), and medical exams.
  3. Attending the Green Card Interview. USCIS conducts an interview to ensure the marriage is legitimate. Couples may be asked questions about their relationship, daily life, and shared responsibilities.
  4. Receiving Conditional or Permanent Residency.
    • If the marriage is less than two years old at the time of approval, the non-citizen spouse receives a conditional green card (valid for 2 years).
    • After two years, they must file Form I-751 to remove conditions and obtain a permanent 10-year green card.

Step 3: Proving the Marriage is Legitimate

a married couple holding each other’s hands

USCIS requires proof that your marriage is genuine, including:

  • Joint financial records
  • Shared lease agreements or mortgage papers
  • Photos, messages, or travel records as a couple
  • Statements from friends or family confirming your relationship

Getting Married in the U.S. as a Foreigner: A Simplified Path

Getting married in the U.S. as a foreigner comes with its share of legal steps—from securing a marriage license to navigating the visa and green card process.

Whether you’re applying for a K1 Fiancé Visa or a CR1 Spouse Visa, the paperwork, interviews, and wait times can feel overwhelming.

But one thing doesn’t have to be complicated: the marriage itself.

With Courtly, you can skip courthouse delays and legally marry 100% online in just 48 hours.

Your certified U.S. marriage certificate is ready to help you move forward with immigration applications—without the hassle of in-person appointments.

If you’re looking for a fast, legally recognized way to get married in the U.S., Courtly makes it easy.

Get married today!

Frequently Asked Questions

Do our documents need to be translated into English?

Yes, many states will request that your documents be translated into English. You may also need the translation to be notarized.

Will getting married in the US help our immigration application process?

It won’t make an enormous difference, but it may make the certificate authentication process easier. Couples that get married outside the US would need to get an apostille or authentication before they can submit their marriage certificate to US officials. We recommend that you discuss the pros and cons with an immigration lawyer

Do I need a travel visa to get married in the US?

Yes, but keep in mind that travel visas are intended for a temporary visit. You are allowed to get married during your visit and then return home before it expires. A travel visa should not be used with the intention of entering the US to marry, stay permanently, and apply for a new status.

How long does it take for a U.S. citizen to marry a foreigner?

The marriage itself can happen quickly, but the immigration process takes time. If you're applying for a K1 Fiancé Visa, expect 6–9 months for approval before entering the U.S. to marry. If you’re already married and applying for a CR1 Spouse Visa, processing can take 14–28 months if applying from within the U.S. or 17–24 months from outside the U.S.

Can a foreigner stay in the U.S. if they marry a U.S. citizen?

Yes! A foreign spouse can apply for a marriage-based green card, allowing them to live and work in the U.S. legally.

If they’re already in the U.S., they can adjust their status without leaving the country. If they’re abroad, they’ll need a CR1 Spouse Visa to enter as a permanent resident​.

Marriage alone does not grant automatic residency. You’ll need to apply for a green card and prove your marriage is real.

Let us handle the paperwork.

Getting married is complicated. Courtly simplifies the process and provides everything necessary to get married online, including providing a licensed officiant who can perform a remote ceremony.

Get Married