Can a permanent resident marry to a foreigner?

Discussion in 'Family Based Green Card -Through Marriage/Relative' started by Adil 90th, May 25, 2018.

  1. Adil 90th

    Adil 90th New Member

    Good afternoon everybody
    I hope you all be doing good
    I have a question:
    can a lawful permanent resident do Same-sex marriage in the U.S with a foreigner that arrived in the U.S by B-2 Visa or tourist visa?
    Note: The country of origin of the foreigner does not allow Same-sex marriage,

    Your Answers are appreciated.
  2. newacct

    newacct Well-Known Member

    Sure. Immigration status is not relevant to who can marry in the US. Anyone can marry as long as they are single and not very close relatives and meet any other conditions set by the state.

    If you are asking how can the foreigner immigrate after marriage, that is another matter. A spouse of a permanent resident is in the F2A category which has a 2-year wait for visa numbers. It is basically impossible for the foreigner to be able to file AOS during their 6-month B-2 status. And in that category, they cannot AOS if out of status. So basically, the foreigner must return abroad and wait for Consular Processing (unless the foreigner stays in the US illegally and waits until the permanent resident naturalizes, at which point they can do AOS).
  3. Jbuff

    Jbuff Member

  4. Adil 90th

    Adil 90th New Member

    Dear @newacct
    thank for the reply
    so, based on your reply, can the foreigner comeback to his origin country after marriage and then filling forms for being a permanent resident and waiting for the visa bulletin?
    is that what do you mean?
    thanks again
  5. Adil 90th

    Adil 90th New Member

    Thanks for the reply @Jbuff
    I asked that to make sure that they don't ask for a paper of eligibility of that marriage from their origin country, because if it's necessary, it can't be done because Same-sex marriage is not allowed in the the origin country,
    example of countries that ask for eligibility of marriage from 2 foreigners: Europe countries like Poland and UK
  6. SusieQQQ

    SusieQQQ Well-Known Member

    Yes, it’s fine as jbuff described the process. And no they don’t need paper of eligibility or whatever from the home country - the only requirement is that the marriage is legal where it was performed. So if you get married in the US that’s totally fine.
    Adil 90th likes this.

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