Integrity Legal

16th June 2009

The whole point of obtaining a K1 visa is to allow the Thai fiancee a 90 day visit after traveling to the United States in order to ultimately get married. Should the couple opt not to marry, then the Thai fiancee will need to depart the country before the 90 day visa validity expires.

For those couples applying for an Immigrant Spouse Visa (CR-1 or IR-1) or a K-3 Visa, the marriage should already have taken place as the legal marriage acts as the foundation upon which the visa application is based.

That being stated, unlike Thailand, where marriage registration is a uniform process that essentially involves a trip to the local Amphur office for execution, in America the marriage procedures differ depending upon the state. Also, some states require the couple obtain a marriage license and wait a statutorily prescribed period before marriage. For the convenience of those reading this blog, here is a state by state list of rules regarding US marriage.

Blood Test and Marriage License Requirements by State

State Blood tests required Waiting period between applying for and receiving license How soon you can marry after receiving license When license expires
Alabama No None Immediately 30 days
Alaska No 3 days Immediately 3 months
Arizona No None Immediately 1 year
Arkansas No None Immediately No provision
California No None Immediately 90 days
Colorado No None Immediately 30 days
Connecticut Yes None Immediately 65 days
Delaware No None 24 hours; 96 hours if both spouses are nonresidents 30 days
District of Columbia Yes 3 days Immediately No provision
Florida No 3 days unless couple attends marriage preparation class Immediately 60 days
Georgia No None Immediately No provision
Hawaii No None Immediately 30 days
Idaho No None Immediately No provision
Illinois No None 1 day 60 days
Indiana Yes None Immediately 60 days
Iowa No 3 days Immediately No provision
Kansas No 3 days Immediately 6 months
Kentucky No None Immediately 30 days
Louisiana No None 3 days 30 days
Maine No 3 days Immediately 90 days
Maryland No None 2 days 6 months
Massachusetts Yes 3 days Immediately 60 days
Michigan No 3 days Immediately 33 days
Minnesota No 5 days Immediately 6 months
Mississippi Yes 3 days Immediately No provision
Missouri No 3 days Immediately 30 days
Montana Yes None Immediately 180 days
Nebraska No None Immediately 1 year
Nevada No None Immediately 1 year
New Hampshire No 3 days Immediately 90 days
New Jersey No 72 hours Immediately 30 days
New Mexico No None Immediately No provision
New York No None 24 hours 60 days
North Carolina No None Immediately 60 days
North Dakota No None Immediately 60 days
Ohio No None Immediately 60 days
Oklahoma Yes None Immediately 30 days
Oregon No 3 days Immediately 60 days
Pennsylvania No 3 days Immediately 60 days
Rhode Island No None Immediately 3 months
South Carolina No 24 hours Immediately No provision
South Dakota No None Immediately 20 days
Tennessee No None Immediately 30 days
Texas No None 3 days 31 days
Utah No None Immediately 30 days
Vermont No None Immediately 60 days
Virginia No None Immediately 60 days
Washington No 3 days Immediately 60 days
West Virginia No None Immediately 60 days
Wisconsin No 5 days Immediately 30 days
Wyoming No None Immediately No provision

One should bear in mind that upon marriage in the USA, the US Citizen should petition for adjustment of status for his new Thai wife.

For more about the above chart please click here

Please be advised that the above is an improper substitute for personal one-to-one legal advice from an attorney. No attorney client relationship is formed between the reader and the author.


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