American Citizen Services

Marriages between U.S. and Romanian citizens

The specific requirements for marriage and immigration depend on whether the marriage occurs in Romania or in the United States.

Marriage in the United States (using a K-1 Fiancé Visa):

If your fiancé(e) is not a citizen or legal permanent resident of the U.S. and you plan to get married and reside in the U.S., you must first file an I-129F, Petition for Alien Fiancé, on behalf of your fiancé(e) with the U.S. Citizenship and Immigration Service (USCIS) Center having jurisdiction over your place of residence. If the petition is approved, your fiancé(e) must then obtain a nonimmigrant fiancé visa (K-1) at a U.S. embassy or consulate abroad.

The marriage must take place within 90 days of your fiancé(e) entering the U.S. If the marriage does not take place within 90 days, your fiancé(e) will be required to leave the U.S. It is not possible to obtain an extension of stay in this category.

Following your marriage, in order to continue to live and work in the U.S., your fiancé(e) must apply with USCIS to become a legal permanent resident. Click here for links to forms and more information about becoming a legal permanent resident and filing the I-129F petition.

Note: Your fiancé(e) may enter the U.S. only one time with a fiancé(e) visa. If your fiancé(e) leaves the country before you are married, your fiancé(e) will not be allowed back into the U.S. without a new visa.

Marriage in Romania

In order to enter the U.S. to reside following a marriage in Romania, your foreign spouse must obtain an immigrant visa. You should first file an I-130, Petition for Alien Relative, on behalf of your spouse with the U.S. Citizenship and Immigration Service (USCIS) Center having jurisdiction over your place of residence. If the petition is approved, your spouse must then obtain an immigrant visa (IR-1 or CR-1) at a U.S. embassy or consulate abroad. Click here for links to the forms, required supporting documentation, and how and where to file them. Processing time for these petitions varies among Service Centers and also can depend on the circumstances of the individual case.

If you want your spouse to enter the United States before USCIS finishes processing the I-130 and an immigrant visa is issued, you may file an I-129F petition to enable your spouse to apply for a K-3 nonimmigrant visa. For information about K-3 visas please see the USCIS and State Department websites. It normally takes eight to twelve weeks from the time the petition is filed with USCIS until this Embassy receives notice of approval for a K-3 petition.

Romanian documentary requirements for foreigners wishing to marry a Romanian citizen in Romania:

The Government of Romania legally recognizes only civil marriage ceremonies that are performed in the City Hall in the area where the Romanian citizen resides. Many couples also choose to hold a religious ceremony after the completion of the civil ceremony. The following documents from the U.S. citizen are needed by the Mayor’s Office to authorize marriage to a Romanian citizen:
ALL public documents issued or obtained in the U.S. must be authenticated for use in Romania with an apostille certificate. The apostille certificate must be affixed to the document by a competent U.S. authority. Each state has a competent authority (generally it is the office of the Secretary of State in the state where the document was issued). For additional information and a list of competent authorities, please visit http://travel.state.gov/law/lega/treaty/treaty_783.html.

Documents required for marriage in Romania of a US citizen:

1. Certified copy of the birth certificate, authenticated with apostille, plus Romanian translation of the birth certificate obtained from a Romanian Notary Public office.
   
   
2. Affidavit (notarized statement) that the American citizen is free to marry (Certificat de cutuma). The affidavit is obtained from the US Embassy in Bucharest (the American Citizen Services in the Consular Section) during regular business hours; no appointment is necessary. The fee is 30.00 USD and the US passport must be presented when signing the affidavit.
   
   
3. Prenuptial Certificate (Health Certificate) obtained from a clinic in the Romanian city/town where your marriage will take place.
   
   
4. Proof of termination of any previous marriages, original or certified copy, with a translation in Romanian (i.e. Divorce/Annulment Decree, Death Certificate).
   
   

How to Obtain an Immigrant Visa for Your New Spouse

After marriage, you may file an I-130 petition for an immigrant visa on behalf of your spouse with the U.S. Citizenship and Immigration Service (USCIS) Center with jurisdiction over your place of residence in the United States.

If you permanently reside in Romania and have been present in Romania continuously for the last six months, it may be possible for you to file an I-130 petition with the U.S. Embassy in Bucharest. (Link to IV Immediate relatives - http://bucharest.usembassy.gov/Visas/Immediate_Relatives_Visa.html)

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