Yes, an American citizen can get married abroad and then move back to the United States with their foreign spouse without the spouse having to become a U.S. citizen first. However, there are specific steps and processes that need to be followed to achieve this.
Marriage Abroad: The American citizen and their foreign spouse should get married legally in the country where the marriage takes place. Different countries have their own rules and requirements for marriage, so it's essential to research and comply with the regulations of the specific country where the marriage will occur.
Obtaining a Spouse Visa: After the marriage, the foreign spouse will need to apply for a U.S. immigrant visa, commonly known as a spouse visa or CR-1 visa (Conditional Resident Visa). This visa is intended for foreign spouses of U.S. citizens. The U.S. citizen spouse will need to file a petition on behalf of their foreign spouse with the U.S. Citizenship and Immigration Services (USCIS).
USCIS Processing: The USCIS will review the petition and, if approved, will send it to the National Visa Center (NVC). The NVC will forward the case to the U.S. embassy or consulate in the country where the foreign spouse resides.
Consular Processing: The foreign spouse will attend an interview at the U.S. embassy or consulate to determine their eligibility for the immigrant visa. If approved, they will receive the visa, allowing them to enter the United States as a lawful permanent resident (green card holder).
Entry to the United States: Once the foreign spouse has the immigrant visa, they can travel to the United States, where they will be granted lawful permanent resident status upon arrival.
Adjustment of Status (if applicable): If the foreign spouse has been married to the U.S. citizen for less than two years at the time of entry, they will receive a conditional green card. After two years of marriage, they can apply to remove the conditions and obtain a permanent green card.
It's important to note that the process can be complex and time-consuming, and it's recommended to seek guidance from an immigration attorney or consult the official USCIS website for the most up-to-date information and procedures.