Those who wish to marry a foreign national may need to apply for a special visa. Whether or not one is needed will depend on where the marriage is to occur.
When the fiancee is a citizen of another country and resides there, the one residing in the United States may apply for a visa to bring the future spouse into America to be wed. If the marriage is to take place on U.S. soil, this documentation must be applied for. If the marriage is to take place in another country, a visa will not be necessary. Any U.S. citizen applying for the visa must marry the intended within 3 months after the prospective spouse arrives in America. In addition, the couple must have met at least one time within the two years prior to the application. In some cases, that requirement can be waived.
If the visa is granted, the wedding must take place within the 90-day period. Minor children of the fiancee may also be included and should be listed on the original application. Once the couple has legally married, the fiancee may put in an application requesting permanent residence. The fiancee can apply for permission to work from their first day of residence, but the permission will last only throughout the first 90-day period. Permanent residence and extension of permission to work legally in the U.S. can be applied for together once the couple has married.
The immigration rules can be confusing, especially when it comes to bringing family members and loved ones to join the family that has already established residence. A consultation with an immigration attorney may help to clear up the confusion and offer options to reunite the family.
Source: United States Department of Homeland Security , “Fiancé(e) Visas“, September 04, 2014
