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Can You Marry in the U.S. if You Intend to Live Internationally

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  • 11-24-2014, 07:48 AM
    SavannaBree
    Can You Marry in the U.S. if You Intend to Live Internationally
    My fiancee and I are planning to get married this summer. I am an American citizen and she is German. We plan on living together in Germany, but we would like to get married in the States so that my family can be there. I currently live in France and she lives in Austria. If we are not planning on staying in the U.S., are we allowed to celebrate the marriage there? She is legally allowed to stay for a total of 90 days, and will only be there for a month at the most. Thank you for your answers.
  • 11-24-2014, 08:15 AM
    flyingron
    Re: Can American and German Celebrate Marriage in the U.S. if We Want to Live in Germ
    Nothing precludes you from getting married in the US. There are really only two issues:

    1. Legal entry in the US. I see no reason why she can't enter under the VWP.
    2. Requirements for marriage license. This varies by state, so I'd check WHERE you want to get married. In Virginia, there's no real restriction. You need to show up at the courthouse (both of you) to get the license and you can get married by a civil officiant or a recognized clergy anywhere from immediately to sixty days from issuance.
  • 11-24-2014, 11:59 AM
    Disagreeable
    Re: Can You Marry in the U.S. if You Intend to Live Internationally
    Based on your story, she has no intent to immigrate to the US. Thus her obtaining a visitor visa, you both taking up residence in a state sufficient to meet required marriage law, marrying, then leaving the country is not immigration fraud. Some time down the road, you can visit the embassy in the country you take up residence and apply for an i-130. Note, she will not be able to re-enter on the visitor visa after marriage without raising the specter of immigration fraud.
  • 11-24-2014, 12:26 PM
    flyingron
    Re: Can You Marry in the U.S. if You Intend to Live Internationally
    She doesn't even need a Visa. Germany is a VWP country.
    As I stated, while it varies from state to state, most do NOT have a residency requirement. They should research the specific rules in whatever state they are considering holding the ceremony in.
  • 11-25-2014, 05:23 AM
    llworking
    Re: Can You Marry in the U.S. if You Intend to Live Internationally
    Quote:

    Quoting flyingron
    View Post
    She doesn't even need a Visa. Germany is a VWP country.
    As I stated, while it varies from state to state, most do NOT have a residency requirement. They should research the specific rules in whatever state they are considering holding the ceremony in.

    I cannot think of any state that has a residency requirement for marriage.
  • 11-25-2014, 06:19 AM
    flyingron
    Re: Can You Marry in the U.S. if You Intend to Live Internationally
    Quote:

    Quoting llworking
    View Post
    I cannot think of any state that has a residency requirement for marriage.

    I couldn't think of one. Some have a waiting period and they all have various additional requirements for obtaining the license (who must appear in person, what identification, birth certificates, etc...). Who is allowed to officiate also varies from state to state.
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