Question: I want to sponsor my fiancée for US residence.
Should I get married in the United States or abroad?
Answer: You can marry in the US or abroad provided:
- You are legally able to enter into marriage
- You must be of the proper age for the jurisdiction
- If previously married anywhere, you and your spouse must be divorced or widowed
- If you have received a divorce Decree NISI, you must also have obtained a Decree Absolute by the foreign court
- You are married by an official with the legal capacity to conduct a marriage
- Your marriage is recorded and registered in the proper official office
- Your marriage is not performed by proxy
- Advantages of marriage abroad
- Allows family abroad to attend/participate
- Allows marriage in circumstances where the alien cannot enter the US
- If a petition is filed immediately thereafter, marriage abroad and consular processing can, in some cases, be a faster route to residency
- Allows observance of native customs
- Can avoid a finding of non-immigrant visa fraud
- Advantages of marriage in the US
- Allows US family/friends to attend/participate
- Eliminates or reduces time spent apart
- Marriage procedures in the US may be simpler and faster
- US Government readily recognizes marriages conducted in all 50 states
- Decisions made by DHS within the US are generally reviewable, whereas decisions made by the Department of State are not
- Considerations in decision-making
- Where is your fiancée physically located currently?
- What are the customs and cultural norms of our fiancée’s’ country?
- Is your fiancée legally in the US?
- How long has your fiancée been in the US”
- How much-authorized stay is remaining for your fiancée?
- Does your fiancée need to spend time abroad to finalize study, work, or family obligations?
- What will be the impact of physical separation on your relationship?
- How important is the reduction of time spent apart?
- How important is it to expedite your fiancée’s ability to work in the US?
- Advantages/disadvantages of utilizing a K-1 visa and marrying in the US
