Marrying Somone Who is Not from the U.S.
Posted Mon, 03/29/2010 - 23:10 by Phil
I have written a lot of articles about immigration issues and processes for U.S. Citizens who are engaged to or married to foreign nationals. I was reviewing the articles on my site the other day and it occurred to me that the majority of the articles I have written are intended for international couples who have already decided to get engaged, married, and live their lives together in the U.S. And in most cases, these articles assume that my audience has already decided which immigration process to pursue. When I was 25 years old and still in law school I decided to get married to a woman from Peru. This experience and my interactions with clients over the last 8 years has taught me a lot about the issues, considerations, and concerns that are involved when international couples decide to get married. Much of what I have learned is immigration law related but I have also learned a lot about non-legal issues that international couples face. If you are an international couple and considering marriage her are some insights I have gained over the last 10 years.
The Decision to Get Married
The decision to get married is not one that should be entered into lightly and there are a lot of things to consider when deciding to spend the rest of your life with someone. Many of these considerations are international and cross-cultural. However, international couples often have additional issues that should be discussed and addressed in advance of deciding to be married.
- Culture & Language - Many international couples come from vary different cultures and speak different languages. Language and cultural differences can create serious issues in marriage. It is important to explore these differences thoroughly and discuss how they will be reconciled. In most cases, couples don't learn about what all these differences are and how they affect the relationship until they have lived together as husband and wife for some time. I know this was the case with my wife and I. For example, early in our relationship my wife and I found that, while see spoke English and I spoke Spanish, it was difficult for each of us to express ourselves well in the others language--we simply didn't have the vocabulary and expressing emotion in a foreign language is very difficult. After about 6 months of marriage we agreed that she would speak in Spanish and I would speak in English any time we were having an emotionally charged conversation, aka, fight.
- Family - While I came from a family that I considered "close" by American standards my wife's relationship with her family and extended family was quite different than I was accustomed to. In Peruvian culture, extended families are very close. In fact, it is common for grandparents, aunts and uncles, parents and children to all live together. And young adults often live with their parents or extended family until they are married. When I first met my wife I was in undergraduate school. Our first date was dinner at her house with her mother, aunt, sister, grandmother, and cousin. As you can imagine this was quite different than the other first dates I had in college. This took some adjustment, even after marriage but I am now grateful and love to have my wife's family around. It is important to learn about each others family life and expectations for inter-family relations before you are married. Your idea of what life will be like with your soon-to-be spouse and his or her family may be as different as my expectations for my first date with my wife.
Timing and Romance
For many couples the restrictions of U.S. immigration law often complicates engagement and marriage plans. As anyone who has gone through the K1 fiance visa process or other immigration process can tell you, immigration laws were not designed to assist couples in planning romantic engagements and weddings. As a result it is important for you and your significant other to understand what restrictions the immigration process may place on your wedding or engagement plans and then devise a plan that works for both of you within the restrictions that the immigration process will impose. For example, a fiance visa holder must be married to his or her U.S. Citizen fiance within 90 days of entry to the U.S. This might not be such a big deal if the couple knew with any reasonable amount of certainty when the K1 visa would be issued. Since this is not possible, couples are left in the situation of planning and putting on a wedding in 90 days or less. In other situations, the foreign national may be out of status and need to apply for lawful permanent residency as soon as possible. These situations also don't leave much time for planning.
In situations like these, many couples opt to have a simple civil ceremony immediately in order to be legally married and then plan a religious or formal ceremony for a later date. My wife and I were married in a simple civil ceremony and then did not have a religious ceremony until our 5th anniversary. A good friend of mine and his wife did the same thing. I handled their immigration petition and then stood up in his wedding more than a year later.
There are many solutions to this problem but the important thing is that you and your partner understand the limitations that the immigration process will place on wedding plans and agree upon a plan that works for both parties.
Choosing the Best Immigration Option
For most international couples there are a few options for immigrating to the U.S. Not all options are available to all couples and each option has its advantages and disadvantages. Here are some of the options available to international couples who are married or engaged to be married:
- K1 Fiance Visa - The K1 fiance visa is only available to couples who are engaged but not yet married. The K1 is a good option for engaged couples who want to be married in the U.S. A K1 visa petition is also attractive because they are generally processed faster than an immigrant visa petition. However, K1 visas tend to be a bit more expensive because of the additional filing fees that are required during the adjustment of status process. Also, a K1 visa is a non-immigrant visa so, in contrast to an immigrant visa, the K1 applicant will have to complete the adjustment of status process before he or she obtains lawful permanent residency.
- I-130 Marriage Visa - For couples who are already married and the foreign national spouse is outside the country the I-130 immigrant visa petition is the only option. The I-130 process takes a bit longer because it has to go through the USCIS and National Visa Center before it is forwarded to the U.S. embassy abroad where the immigrant visa is applied for. However, when the foreign national spouse enters the U.S. he or she enters as a lawful permanent resident and no further processing is required. Couples who file and I-130 may also apply for a K3 visa for no additional filing fee. The K3 visa allows the foreign national spouse to come to the U.S. while the I-130 petition is being processed. However, in many cases, the K3 petition is not processed any faster than the I-130 so it may not produce any additional benefit.
- Adjustment of Status - For those who qualify, adjustment of status is generally the most attractive option. If you foreign national spouse is lawfully in the U.S. he or she may apply to adjust his or her status to that of a lawful permanent resident after you are married. The foreign national spouse can remain in the U.S. while the petition is pending and can obtain permission to work and travel outside the U.S. in about 90 days after the petition is filed.
If you have any questions about the issues that international couples face or would like some information about choosing the right immigration option for you please contact us.
