When a U.S. citizen marries in another country, such as Mexico, the question often arises: is it necessary to remarry in the United States?
This question is especially relevant for undocumented immigrants in the U.S. and immigration laws. Let’s explore potential solutions and clarify whether remarrying in the U.S. is necessary.
Marriage Recognition in the United States
Marriages legally performed in other countries are generally recognized in the United States.
If you married legally in Mexico and are a U.S. citizen, your marriage should be recognized in the U.S. This recognition grants you the same rights and benefits as any other married couple in the United States.
Proof of a Valid Marriage
To ensure your marriage is recognized in the United States, you may need to provide documentary proof of your legal marriage.
These documents can include your marriage certificate (translated into English if necessary) and other evidence validating your marriage. It is advisable to obtain certified copies of these documents to facilitate any procedures requiring proof of marital status.
Immigration Benefits
If you are a U.S. citizen married to a foreign spouse, your marriage can impact immigration benefits.
If your spouse is undocumented, marrying in the United States will not automatically change their immigration status. To obtain legal status for your spouse, you may need to file a visa petition or pursue an Adjustment of Status under U.S. immigration law.
Adjustment of Status Process
Adjustment of Status allows spouses of U.S. citizens to apply for a change in immigration status while in the United States.
This process involves submitting a petition, providing evidence of a valid marriage, and meeting other immigration law requirements. It is highly recommended to seek assistance from an immigration attorney to ensure all steps are correctly followed.
Obtaining an Immigrant Visa
In some cases, the foreign spouse may need to return to their home country and apply for an immigrant visa at a U.S. embassy or consulate.
This may apply if your spouse is currently outside the U.S. or does not qualify for Adjustment of Status within the United States. In such cases, a valid marriage performed in Mexico serves as the basis for the immigrant visa application.
Key Points to Remember
If you are a U.S. citizen who married in Mexico, you generally do not need to remarry in the United States. Your marriage should be recognized as long as it meets legal requirements and you provide the necessary documentation.
Marriage recognition grants the same rights and benefits as any other married couple in the United States. However, recognition of marriage does not automatically change the immigration status of your foreign spouse.
If your spouse is undocumented, marrying in the United States does not automatically grant legal status. To obtain legal status, you must follow the procedures established by immigration law.
Is Adjustment of Status an Option?
Adjustment of Status is a common option for spouses of U.S. citizens who want to obtain legal status in the United States.
This process requires submitting a petition, providing evidence of a valid marriage, and meeting other immigration requirements. It is advisable to work with an immigration attorney to ensure all steps are properly completed.
However, in some cases, the foreign spouse may need to return to their home country and apply for an immigrant visa at a U.S. embassy or consulate. This applies if they do not qualify for Adjustment of Status while in the U.S. In such cases, a valid marriage performed in Mexico serves as the basis for the visa application.
