The National Association of Foreign-BornMarriage Visas and Immigration Overview
Marriage Immigration Visa Green Card Wife Husband Marry Married Non US Citizen Permanent Resident
- If you are a U.S. citizen and intend to marry a non US citizen
- If you are a U.S. citizen and already married to a non US citizen
- If you are a lawful permanent resident of the U.S. and intend to marry a non US citizen
- If you are a lawful permanent resident of the U.S. and already married to a non US citizen
- In any case, if you have been married less than two years
Marriage Situations
- If you are a U.S. citizen and intend to marry a non US citizen
(or if you are a non US citizen and intend to marry a U.S. citizen)
- If you are a U.S. citizen and already married to a non US citizen
(or if you are a non US citizen and already married to a U.S. citizen)
- If you are a lawful permanent resident of the U.S. and intend to marry a non US citizen
(or if you are a non US citizen and intend to marry a lawful permanent resident of the U.S.)
- If you are a lawful permanent resident of the U.S. and already married to a non US citizen
(or if you are a non US citizen and already married to a lawful permanent resident of the U.S.)
In any case, if you have been married less than two years, click here.
If you are a U.S. citizen and intend to marry a non US citizen, there are two major visas that concern you:
Fiancee Visa / K-1 Visa
If you would like to bring your fiancee to the U.S. to be married, you will be interested in the fiancee visa (K-1 visa), and you should see Fiance Visa - US Fiancee Visa USA (K-1 Visa). The fiancee visa is a nonimmigrant (temporary) visa, and after the wedding (assuming that your new wife or husband wants to remain to live in the U.S. permanently), your new wife or husband may apply to adjust to permanent resident status (see Green Card: Become a Permanent Resident While in the U.S. (Adjust Status)).Immigrant Visa / Green Card
If you plan to marry outside of the U.S., you will be interested in applying for an immigrant visa (Green Card) for your new husband or wife (assuming that your new husband or wife wants to come to live in the U.S. permanently), and you should see Green Card for Wife or Husband, Sponsoring a Spouse for USA Permanent Resident Visa. You also may be interested in reading Marriage of U.S. Citizens Abroad in preparation for your wedding.
Prior to departure from the U.S., it is a good idea for you to contact your nearest USCIS District Office or Sub Office (or the USCIS toll-free information service at 1-800-375-5283) or the appropriate U.S. Embassy or Consulate abroad to determine exactly what documents will be necessary for your specific situation.
If you are a U.S. citizen and already married to a nonresident non US citizen, and your wife or husband wants a Green Card to be able to live and work in the U.S. permanently:
- If your wife or husband is already in the United States and did not enter on a fiancee visa, you will need to file an immigrant visa petition. See Green Card for Wife or Husband, Sponsoring a Spouse for USA Permanent Resident Visa.
- If your wife or husband is not in the U.S., you will need to file an immigrant visa petition. See Green Card for Wife or Husband, Sponsoring a Spouse for USA Permanent Resident Visa
- If your wife or husband is already in the United States and entered on a fiancee visa, your new wife or husband may adjust to permanent resident status (note that the fiancee visa is a nonimmigrant visa valid only for 90 days from when you enter the U.S.). For information on adjusting to permanent resident status (obtaining a Green Card), see Green Card: Become a Permanent Resident While in the U.S. (Adjust Status) For more details regarding fiancee visas, see Fiance Visa - US Fiancee Visa USA (K-1 Visa).
If you are a lawful permanent resident of the U.S. and intend to marry a non-U.S. citizen, you may not file a petition for a fiancee visa, although you may petition for the immigration (Green Card) of your new husband or wife after the wedding. See Green Card for Wife or Husband, Sponsoring a Spouse for USA Permanent Resident Visa.
If you are a lawful permanent resident of the U.S. and already married to a non-U.S. citizen, you may petition for a Green Card (immigration) for your husband or wife. See Green Card for Wife or Husband, Sponsoring a Spouse for USA Permanent Resident Visa.
In any case, if you have been married less than two years when your husband or wife is approved for a Green Card (permanent residence), your husband or wife will receive conditional permanent resident status. The permanent resident status is conditional, because you must prove that you did not get married to evade the immigration laws of the United States. Your wife or husband must petition (apply) to remove the conditional status within 90 days of the second anniversary of receiving the status. For more details see Removing Conditional Resident Status (from Marriage-Based Green Card).
