The process for a non-US citizen to marry an American involves several steps, and it's essential to follow the correct procedures to ensure a smooth and legal marriage. Here's a general outline of the process:
Obtain the Appropriate Visa: If the non-US citizen intends to marry the American in the United States, they will need to enter the country on the correct visa. One option is the K-1 fiancé(e) visa, which allows the non-US citizen to enter the US for the purpose of marrying their American partner within 90 days. Another option is to marry outside the US and then apply for a CR-1 spouse visa to enter the US as a lawful permanent resident after the marriage.
Document Verification: The couple will need to provide documentation to prove the legitimacy of their relationship. This can include photographs together, communication records, joint bank accounts, affidavits from family and friends, and any other evidence that demonstrates the authenticity of their relationship.
Apply for the Appropriate Visa: The non-US citizen will need to apply for the appropriate visa at the nearest US embassy or consulate in their home country. They will have to fill out the required forms, pay the necessary fees, and attend an interview.
Background Check and Medical Examination: As part of the visa application process, the non-US citizen will likely undergo a background check and a medical examination to ensure they meet the health and security requirements for entering the United States.
Marriage Ceremony: After the visa is approved and the non-US citizen enters the US, the couple must get married within the specified time frame (90 days for the K-1 visa).
Adjustment of Status (if applicable): If the non-US citizen entered the US on a K-1 visa, they will need to apply for adjustment of status to become a lawful permanent resident after the marriage.
Regarding whether the non-US citizen should stay in their home country until the marriage or move with the American before the marriage, there is no one-size-fits-all answer. The best approach will depend on the specific circumstances and preferences of the couple involved. Some factors to consider include:
Legal Considerations: If the couple plans to marry in the US, it might be necessary for the non-US citizen to remain in their home country until they obtain the appropriate visa.
Logistical Factors: Consider the logistics of moving to a different country and the potential challenges of finding work and adjusting to a new environment.
Personal Preferences: Some couples may prefer to spend more time together before marriage, while others may find it more practical or suitable to marry sooner.
Visa Processing Times: It's essential to consider the processing times for the visa application and plan accordingly.
Financial Considerations: Moving to another country can involve significant expenses, so the couple should be prepared for the financial aspects of such a decision.
In any case, it's highly advisable for the couple to consult with an immigration attorney or seek guidance from the US Citizenship and Immigration Services (USCIS) to ensure they follow the correct procedures and make informed decisions based on their unique situation.