If you're a U.S. citizen planning to marry a non-U.S. citizen, or a non-U.S. citizen planning to marry a U.S. citizen and live in the United States, you're probably wondering about the legal procedures involved. This guide is designed to help you navigate the process of marrying a non-U.S. citizen and the subsequent steps for the non-U.S. spouse to obtain a green card. 

Understanding the legalities and procedures can be complex, but we're here to break it down for you. This guide will cover different scenarios, from both parties being in the U.S., to one or both parties being outside the U.S. We'll also explain the "[90-day rule](https://www.uscis.gov/policy-manual/volume-8-part-j-chapter-3^)" and its implications, and provide a warning against [marriage fraud](/immigration-resources/marriage-green-card-interview-guide), which is taken very seriously by U.S. authorities. 

Whether you're already in the U.S. or planning to come here, this guide will provide you with the information you need to start your journey towards a successful marriage and a green card. Let's get started.

Before we delve into the different scenarios and processes, it's important to understand some basic terms and concepts related to immigration and green cards.

A green card, officially known as a Permanent Resident Card, allows you to live and work permanently in the United States. As a green card holder, you have most of the rights and obligations of U.S. citizens, except that you cannot vote and are not entitled to some federal benefits. Green card holders may also be deported if they commit certain crimes or violate U.S. immigration laws.

Adjustment of Status is a procedure that allows you to become a lawful permanent resident of the U.S. without having to return to your home country to complete visa processing. This process involves submitting a series of documents and attending an interview with a U.S. immigration official.

The 90-day rule is an advisory guideline for U.S. immigration officers to consider when determining if a non-U.S. citizen misrepresented their intentions when they applied for a visa or entered the U.S. If you marry a U.S. citizen or apply for a green card within 90 days of entering the U.S., it could be seen as misrepresentation, leading to the denial of your green card application and revocation of your current visa.

Understanding these terms and concepts is crucial as we explore the different scenarios and processes in the following sections.

III. Scenario 1: Both Parties are in the U.S.

If both you and your future spouse are already in the U.S., the process of obtaining a green card involves transferring the non-U.S. citizen's temporary visa to a green card through a process called "adjustment of status". Here's a step-by-step guide on how to go about it:

First and foremost, you need to get married. Remember, the U.S. government only recognizes [civil marriages](/immigration-resources/marriage-based-green-card-guide) for immigration purposes. This means you must have a marriage certificate from a recognized governmental body in the U.S.

The U.S. citizen spouse needs to file Form I-130, Petition for Alien Relative. This form establishes the existence of a valid marriage.

The non-U.S. citizen spouse then needs to file Form I-485, Application to Register Permanent Residence or Adjust Status. This form initiates the process of getting a green card.

Both spouses will be required to attend an interview with a U.S. immigration official. You'll need to bring all your documents, including the marriage certificate, birth certificates, passports, and any other documents relevant to your case.

After the interview, you'll need to wait for a decision. If approved, the non-U.S. citizen spouse will receive a green card.

It's important to note the "90-day rule" in this scenario. If the non-U.S. citizen spouse marries or applies for a green card within 90 days of entering the U.S., it could lead to the denial of the green card application and revocation of the current visa. It's crucial to be mindful of this rule to avoid potential legal complications.

IV. Scenario 2: U.S. Citizen is in the U.S., Future Spouse is Not

If you're a U.S. citizen currently in the U.S., but your future spouse is not, you have two main options to proceed with the marriage and the green card application.

**Option 1: Marry Outside the U.S. and Apply for a Green Card**

In this option, you would get married outside the U.S. and then apply for a green card through a U.S. embassy or consulate in the country where the marriage took place. Here are the steps involved:

First, you need to get married in a country outside the U.S. Remember, the U.S. government only recognizes civil marriages for immigration purposes.

After the marriage, the U.S. citizen spouse needs to file Form I-130, Petition for Alien Relative. This form establishes the existence of a valid marriage.

Once the I-130 is approved, the non-U.S. citizen spouse can apply for an immigrant visa through a U.S. embassy or consulate in the country where the marriage took place.

After the immigrant visa is granted, the non-U.S. citizen spouse can enter the U.S. and become a lawful permanent resident.

**Option 2: Obtain a K1 Visa, Marry in the U.S., and Adjust Status**

In this option, the future spouse would come to the U.S. on a K1 visa (fiancé visa), marry in the U.S., and then adjust their status to a green card holder. Here are the steps involved:

The U.S. citizen needs to file Form I-129F, Petition for Alien Fiancé(e). This form initiates the process of obtaining a K1 visa.

Once the I-129F is approved, the non-U.S. citizen can apply for a K1 visa through a U.S. embassy or consulate in their home country.

**Step 3: Enter the U.S. and Get Married**

After the K1 visa is granted, the non-U.S. citizen can enter the U.S. You must get married within 90 days of the non-U.S. citizen's arrival.

After the marriage, the non-U.S. citizen needs to file Form I-485, Application to Register Permanent Residence or Adjust Status. This form initiates the process of getting a green card.

**Step 5: Attend the Interview and Wait for a Decision**

Both spouses will be required to attend an interview with a U.S. immigration official. After the interview, you'll need to wait for a decision. If approved, the non-U.S. citizen spouse will receive a green card.

Remember, each option has its own set of requirements and steps, so it's important to consider your individual circumstances and choose the one that's best for you.

V. Scenario 3: Both Parties are Outside the U.S.

If both you and your future spouse are currently outside the U.S., you have two main options to proceed with the marriage and the green card application.

**Option 1: Obtain a K1 Visa, Marry in the U.S., and Adjust Status**

In this option, you would both come to the U.S. on a K1 visa (fiancé visa), get married in the U.S., and then adjust your status to a green card holder. Here are the steps involved:

After the K1 visa is granted, both of you can enter the U.S. You must get married within 90 days of the non-U.S. citizen's arrival.

**Option 2: Marry on a Temporary Visa and Apply for a Green Card from Home Country**

In this option, you would both come to the U.S. on a temporary visa, get married, and then return to your home country to apply for the green card. Here are the steps involved:

**Step 1: Obtain a Temporary Visa and Enter the U.S.**

Both of you need to obtain a temporary visa, such as a tourist visa, and enter the U.S.

Once in the U.S., you can get married. Remember, the U.S. government only recognizes civil marriages for immigration purposes.

**Step 3: Return to Home Country and File Form I-130**

After the marriage, you both return to your home country. The U.S. citizen spouse then files Form I-130, Petition for Alien Relative. This form establishes the existence of a valid marriage.

Once the I-130 is approved, the non-U.S. citizen spouse can apply for an immigrant visa through a U.S. embassy or consulate in their home country.

Again, each option has its own set of requirements and steps, so it's important to consider your individual circumstances and choose the one that's best for you.

VI. Understanding Marriage Recognition in the U.S.

As you navigate the process of marrying a non-U.S. citizen and obtaining a green card, it's crucial to understand how the U.S. government recognizes marriages for immigration purposes.

The U.S. government only recognizes civil marriages for immigration purposes. This means that your marriage must be officially recognized by the government in the place where it was performed. This typically involves obtaining a marriage certificate from a recognized governmental body.

It's important to note that the U.S. government does not recognize certain types of marriages, even if they are valid in the country where they were celebrated. This includes certain types of customary, traditional, or religious marriages that are not recognized by the government in the place where they were performed.

The U.S. government also does not recognize polygamous marriages. If you are in a polygamous marriage, only the first spouse may qualify as a spouse for immigration purposes.

As of 2013, the U.S. government recognizes same-sex marriages for immigration purposes. This means that same-sex couples can go through the same immigration process as opposite-sex couples.

Understanding these rules is crucial to ensuring that your marriage is recognized by the U.S. government and that you can successfully navigate the green card application process. If you have any doubts about whether your marriage will be recognized, it's a good idea to consult with an immigration attorney.

While navigating the process of marrying a non-U.S. citizen and obtaining a green card, it's important to understand that the U.S. government takes marriage fraud very seriously. Marriage fraud is a federal crime in the U.S., and it can lead to severe penalties.

Marriage fraud is when a marriage is entered into for the primary purpose of circumventing immigration laws to gain a green card. If a marriage is found to be fraudulent, it can lead to the denial of immigration benefits and removal (deportation) of the non-U.S. citizen.

The penalties for marriage fraud can be severe. They can include imprisonment for up to five years, fines of up to $250,000 for individuals, and fines of up to $500,000 for organizations. The non-U.S. citizen could also be permanently barred from ever immigrating to the U.S.

To avoid accusations of marriage fraud, it's important to ensure that your marriage is bona fide, or genuine. This means that you entered into the marriage in good faith, with the intention of establishing a life together, and not for the purpose of obtaining immigration benefits.

Remember, honesty is the best policy when dealing with U.S. immigration authorities. It's always better to tell the truth about your situation, even if it might complicate your immigration process. If you have any concerns about your situation, it's a good idea to consult with an immigration attorney.

Navigating the process of marrying a non-U.S. citizen and obtaining a green card can be complex, but with the right information and guidance, it's certainly manageable. We've covered different scenarios, from both parties being in the U.S., to one or both parties being outside the U.S. We've also explained the "90-day rule" and its implications, and provided a warning against marriage fraud.

Remember, the U.S. government only recognizes civil marriages for immigration purposes, and certain types of marriages are not recognized, even if they are valid in the country where they were celebrated. It's also crucial to understand that marriage fraud is taken very seriously by U.S. authorities and can lead to severe penalties.

While this guide provides a comprehensive overview of the process, it's always a good idea to seek legal advice if you have further questions or concerns. Every situation is unique, and an immigration attorney can provide guidance tailored to your specific circumstances.

As you embark on this journey, remember that patience, honesty, and thoroughness are key. With these qualities, you'll be well on your way to a successful marriage and a green card.

Need help with the green card process through marriage to a non-U.S. citizen? This guide covers all scenarios, whether you both are in the U.S., one is abroad, or both are outside the U.S. It provides instructions on green cards, adjustment of status, and the 90-day rule. It also emphasizes U.S. marriage recognition and penalties for marriage fraud. Always be patient, honest, and thorough, and consider seeking legal advice for your situation.

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