QUESTION
What do I need to know and be aware of when marrying in South Carolina and I am not a u.s. citizen?
Asked on Jun 27th, 2013 on Immigration - New York
More details to this question:
My boyfriend and I are planning to get married after I turn 18 which will be in two months. I will be moving to South Carolina with him, I am currently in Colorado. Since I am not a U.S. citizen, we thought that it would be helpful and logical for me to become a permanent resident. However, we are not sure how to start the process and I am not familiarized with marriage laws in South Carolina. What would we need for a marriage license. What do we need to get married and how do we start the process after that? I am also curious about the time it takes, if I would have to go back to my country, and if I would remain a citizen. I came here as a child and have overstayed my visa.
4 ANSWERS
As long as you entered the US lawfully, even if it was long ago, once you are legally married to a US citizen, you will be able to adjust your status to permanent residence without having to go back to your home country. The laws for marriage vary from state to state but the immigration laws are the same for the whole country.
Answered on Jul 02nd, 2013 at 9:39 AM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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In order to get married in South Carolina, you will need to contact the city or county where you will be moving to to determine the requirements for getting married. Since you entered the country with a visa while you were a child and will be marrying a US citizen, you will be eligible to apply for adjustment of status (green card) after you marry your fiance even though you are currently out of status. The current filing fee is $1,490. You will need to submit forms I-485, G-325A, and I-765 along with copies of your passport, US visa, I-94 card, 6 passport-type photos, birth certificate, medical exam and evidence of good faith relationship. In addition, your husband will need to submit forms I-130, G-325A, and I-864 along with 2 passport-type photos, proof of US citizenship (birth certificate, US Passport, Certificate of Naturalization/Citizenship, etc.), current Employment Letter, and his last 3 year's tax returns. Mail everything to US Citizenship and Immigration Services.
Answered on Jul 01st, 2013 at 4:16 PM
Immigration Law Attorney serving San Francisco, CA
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Richard S. Kolomejec
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As long as you have proof of your legal entry, you can marry a US citizen and apply for your green card. And you don't need to leave the country.
Answered on Jul 01st, 2013 at 4:14 PM
Adebola O. Asekun
You have posed several questions and it seems a wise suggestion that you consult with an experienced immigration lawyer in South Carolina who, will be in a good position to respond to all of your questions. Marriage is a function delegated to the states and each state has the rules and regulations with regards to marriage that is specific to that state. Regarding your interest in applying for green card after your marriage, please note that DHS has several requirements and a valid marriage license is only one of the necessary requirements. There are other requirements for a successful case which are too many to consider in this forum. You should therefore consult with an experienced immigration lawyer.
Answered on Jul 01st, 2013 at 2:03 PM