Marriage procedures in the US  
by: Akanksha Kalra, Attorney-At-Law

Note: The information provided herein is of general nature, and should not be construed as legal advice.

Question:

I am an Indian national working in the US. I have a Green Card also. I want to marry my girlfriend whose nationality is Indonesian. She is in the US on a student VISA.

What is the procedure to get married in the US ? How do I get it validated (marriage vertificate) by the Indian Consulate ?


Answer:

If you are a legal permanent resident (LPR) in the U.S. and wish to apply for immigration ("green card") for your spouse, there is a three-step process for your spouse to become a legal immigrant:

  • The U.S. Citizenship and Immigration Services ("USCIS", formerly known as the "INS") must approve an immigrant visa petition (Form I-130) that you file for your spouse.
  • The State Department visa bulletin must show that a spouse immigrant visa is available to your spouse, based on the date you filed the immigrant visa application.
  • If your spouse is outside the U.S. when the I-130 petition is approved, your spouse will be notified to go to the local U.S. consulate to complete the processing for an immigrant visa.
If you are an LPR you must file a Form I-130, Petition for Alien Relative, upon approval of which, your spouse will be notified by the Department of State when a visa number becomes available. If your spouse is outside of the U.S. at the time of notification, she can then go to the local U.S. consulate to complete her visa processing.

If your spouse is legally inside the U.S. in F-1 status or some other nonimmigrant work visa status (such as an H-1, L-1, E1/E2, O-1 etc.) when the I-130 petition filed on her behalf is approved and when an immigrant visa number becomes available, she may use the Form I-485 to apply to adjust her status to that of a lawful permanent resident.

If you become a U.S. citizen (USC) while your I-130 is pending, you can then file a form notifying the USCIS that you have now become a USC and requesting that your I-130 be upgraded. In this case, your wife´s preference will be upgraded to that of an ´immediate relative of a USC" and the USCIS will move your I-130 up in the priority adjudication queue. The spouse of a USC is considered an immediate relative and is immediately eligible for an immigrant visa once the I-130 petition filed by the USC is approved.

In order to obtain information about the procedure for applying for a marriage license or a marriage certificate, you should contact your local county office or courthouse. To get information from the Indian consulate general office in NY, please visit the following website: www.indiacgny.org


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Ms. Kalra currently has a law practice limited to immigration and nationality law with an office in Philadelphia and provides representation to clients nationwide in U.S. immigration matters. For more information visit: http://www.indolink.com/Immigration/kalra.html