A person, which lives and works in USA, has dual citizenship Italian and US, what will the foreign national potential spouse (from China) have to go through in order to be legally residing in the US? Should they get married in US to simplify the process? Can they get married in Italy?

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    She will have to go through exactly the same routes as any other foreign spouse. Any additional citizenships the American citizen may also carry have no bearing on the legal or bureaucratic process. – ouflak Jul 16 '17 at 8:24

Most countries recognize marriages performed in other countries, and the US is no exception. The couple can marry in any jurisdiction that will marry them.

The advantage of marrying in the US is that they will not need to get the marriage license legitimized before presenting it with the application to the US federal government. This may be a relatively small benefit.

The Italian nationality of one party may affect their ability to marry in Italy under Italian law (I do not know the requirements to get married in Italy), but it will not have any impact on recognition of the marriage in the US.

The specific steps to legal residency depend on whether the foreign fiancee is already in the US (and, if so, in what status), and on whether the couple decide to marry in the US or elsewhere.

  • The spouse has student visa in US. What solutions should be faster to obtain the residency? What the process involve? Sorry for all these questions. I'm really not a an expert in this matter. – Angelo Caranese Jul 16 '17 at 14:14
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    @AngeloCaranese fastest would probably be to marry in the US, then apply for adjustment of status. The foreign spouse can remain in the US while the application is pending. – phoog Jul 16 '17 at 14:27

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