What's the Typical Process for a US Citizen Marrying a Non-US Citizen? An Immigration Lawyer Weighs In

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Whether you met when you were studying abroad during your college years or fate intervened and you met in a cozy cafe during a week-long trip to an overseas city, international couples can meet and fall in love anywhere. While every love story is unique, there is one thing that cross-cultural couples may ask when they're headed towards an engagement: What is the process for a US citizen marrying a non-US citizen? We spoke to Rachel Einbund, the owner and principal attorney at The Law Office of Rachel Einbund, who has been recognized as one of American Institute of Legal Counsel's 10 Best Immigration Attorneys for New York and National LGBT Bar Association's Best LGBT Lawyer's Under 40. The marriage and family-immigration lawyer has helped clients in hundreds of countries, with a focus on working with same-sex couples and their families. We asked her the questions that might be on the top of your list as you are planning your wedding and newlywed life together.

In this article:

• Can a US Citizen Marry a Non-US Citizen?
• What's the Process of Sponsoring a Spouse for a US Permanent Residence

Can a US Citizen Marry a Non-US Citizen?

Pop the champagne. Yes, a US citizen and non-US citizen can get married. Einbund explains that the process will differ based on where you choose to marry and where you want to live.

Do you need to get married in the US for your marriage to be recognized in the US?

The short answer is no. "So long as your marriage was valid in the venue where it took place, it will be considered valid in the US, assuming it is not contrary to US law," says Einbund. If you choose to get married abroad, you'll need to abide by the local marriage restrictions.

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The US State Department recommends contacting your home state's attorney general to find out what documentation you need to prove the validity of your marriage. Can you get married in the US if your non-citizen fiancé doesn't live here yet?

Fans of 90-Day Fiancé know the answer to this one. "Your fiancé will wait in their home country until their visa is approved at a US Embassy. You do not have to show that they have visited you in the US," Einbund says. "Once they get the visa, they have to get married within 90 days of the person coming here, hence the TV show." (While you need to get married in 90 days, you can get legally married at a courthouse and then plan a wedding celebration later.)

What is the process for marrying a non-US citizen in the US?

"The process of getting married in the US depends on the state," says Einbund, "Check with your local county clerk for specific details." (Psst: Here's a deep dive on getting a marriage license.)

What's the Process of Sponsoring a Spouse for a US Permanent Residence

You may have heard people talk about getting a Green Card. When people refer to a Green Card they are talking about a US Permanent Resident Card that signifies that the US government has classified the cardholder as a Permanent Resident.

"The process for sponsoring a spouse for their Green Card involves filing a number of applications and forms with United State Citizenship and Immigration Services, proving that your marriage is bona fide and showing that you have the financial ability to support them," says Einbund. While you don't need to hire an immigration attorney, she recommends it.

What Does it Cost to Sponsor a Spouse for a Green Card?

Einbund says the cost varies depending on the relevant USCIS filing fees and any associated costs like a medical exam. If you decide to hire an immigration lawyer, she says they will typically charge $5,000 to $10,000.

Is a US Permanent Resident a US Citizen?

No. "It's important to distinguish that permanent residents are not US citizens. They cannot vote and they do not get the US passport, but they are allowed to live and work in the US on a permanent basis," says Einbund. If a permanent resident wants to become a US citizen, they will need to go through the naturalization process.