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  Updated: 12/V/04

Visa Options when Marrying a Colombian National

Versión en español


arrow Change in Immigrant Visa petition filing rules beginning July 1, 2003.

Sponsoring a Colombian fiancé/e

To marry in the United States, the Colombian citizen must have a visa to enter the U.S.

The Colombian citizen may enter the U.S. on a Fiancé/e Visa. A U.S. citizen can apply for a special K Visa for the fiancé/e and the fiancé/e's dependent children. This petition must be submitted directly to local Department of Homeland Security (DHS) office in the United States. The U.S. Embassy in Bogota cannot accept K Visa petitions from U.S. citizens on behalf of a fiancé/e. DHS processing time is approximately two to three months. Once the Embassy receives the approved petition from the DHS, the Colombian fiancé/e may receive a visa appointment interview in one to two months. The Embassy cannot begin processing a fiancé/e visa until it receives the approved petition from the DHS.

The Fiancé/e Visa requires that the parties must marry within 90 days of the alien's entry into the U.S.


Sponsoring a Colombian spouse and/or children for immigration to the U.S.

Individuals with dual U.S.-Colombian citizenship normally have no problem marrying in Colombia. U.S. citizens without Colombian citizenship, however, usually have to obtain a special visa (placed in his/her passport) at a Colombian consulate in the U.S. before coming to Colombia to marry. The marriage visa has a number of requirements which can be time consuming to fulfill (see Marriage to a Colombian National).

U.S. citizens resident in Colombia

U.S. citizens who are legal residents of Colombia and have currently completed at least six months continuous presence in the country, may petition for their spouses and their unmarried children and step-children (under 21 years of age). Stepchildren must have been under the age of 18 at the time of the marriage to the U.S. citizen. Petitions for all other categories of Immigrant Visas (including siblings and parents of U.S. citizens and adult children of citizens and legal permanent residents) must be submitted at a (DHS) office in the United States with jurisdiction over the U.S. resident or citizen's residence.

The Embassy accepts petitions for immediate relatives (spouses, children and stepchildren under 21 years of age) Monday through Thursday at 1:00PM (except on Colombian and U.S. holidays when the Embassy is closed) from U.S. citizens resident in Colombia. The U.S. citizen should come to the Embassy and be prepared to present the following:

  • Original of the civil registry of marriage (church wedding documents are not accepted).

  • Documents proving the legal termination of all previous marriages (divorce, death or annulment certificates) of both parties.

  • Original birth certificates of minor children (note that a U.S. citizen can petition for stepchildren only if the marriage to the Colombian national took place before the child's 18th birthday and only if the child is under 21 years of age at the time of the petition).

  • $185.00 per applicant, payable in cash, in U.S. dollars or Colombian pesos (credit cards, checks and $100 dollar bills are not accepted).

  • The passports of the U.S. citizen and of the petitioned Colombian family members.

The U.S. citizen will then have to submit a petition (Form I-130) for each Colombian family member who intends to reside in the United States. The U.S. citizen does not have to be present at the Embassy again after the petition is approved. The Colombian national will have to return to the Embassy on the day of a set appointment, at which point he/she will turn in the other required documents, which include:

  • Birth certificate and baptismal certificate

  • Four photos (photo requirements will be sent to applicants)

  • Colombian police certificate (not needed for children under age 18)

  • The affidavit of support (Form I-864, filled out and signed by the U.S. citizen spouse and notarized by a U.S. notary). Affidavits can be notarized at the Embassy Monday through Thursday at 1:00PM.)

  • The last three years of the U.S. citizen's 1040 tax forms and W-2 forms

  • A recent letter from the U.S. citizen's employer stating how long he/she has had his/her job and how much money he/she earns annually

  • Medical examination documents, completed by an approved doctor in Bogota (list of physicians will be sent to applicants).

  • Other documents may also be necessary, depending on the circumstances.


U.S. citizens resident in the United States

A U.S. citizen resident in the United States must file Immigrant Visa petitions for family members (including spouses, children and stepchildren, parents and siblings) with the Department of Homeland Security's (DHS) service center that covers the state in which he/she resides.


Additional Information

U.S. immigration law does not have any provision for girlfriend or boyfriend visas, nor for unmarried partners. Such individuals must qualify on their own for tourist/business visas.

The Life Act of December 2000 created a new category of visa called the K-3. The K-3 Visa will be is available to spouses of U.S. citizens for whom an immigrant visa petition has been filed with the DHS, but due to processing delays, the petition has not yet been approved by the DHS. This new non-immigrant visa status will allow these spouses and their minor children to enter the United States to wait for DHS approval of the immigrant visa petition. It is noteworthy that the K-3 applies only to petitions filed in the United States with the DHS. The K-3 visa is intended to help those people who filed several months ago or more with the DHS and who are still waiting for those petitions to be approved.

Change of Status

If the Colombian national and the U.S. citizen are married in the United States and the couple intends to live in the U.S., after the wedding the Colombian must apply with the DHS to change his or her status from non-immigrant tourist or fiancé/e to U.S. resident.

Regardless of where the wedding took place, the Colombian national has conditional residency until the second anniversary of his/her entry into the United States or change of status. After two years, the Colombian national must apply at the DHS to have his/her status changed to that of legal permanent resident. If the couple does not stay married for two years, the Colombian loses all rights to legal U.S. residency.


Marriage to a Colombian National

The following is an informal interpretation of Colombian law regarding the marriage of a U.S. citizen to a Colombian national. One should always consult with the appropriate Colombian governmental and/or religious officials as to specific details and updated information. A marriage performed in accordance with Colombian law is recognized under the law of the United States.


Colombian Civil Law Requirements

The following documentary requirements must be completed to satisfy the civil law regarding marriage in Colombia. Please note that even if a religious ceremony is planned, the civil requirements must also be completed. According to Colombian immigration law a foreigner with a tourist visa should stay in the country only for the purpose of tourism. Therefore, a foreigner with a tourist visa cannot enter into contracts in Colombia. Civil marriage is a contract which takes effect upon issuance of the deed of marriage (escritura pública de matrimonio civil), which is issued by a notary public. In order to process the deed of marriage the foreigner has to identify himself with his passport and either a valid visa or a Colombian foreigner identification card.

    U.S. birth certificate: The U.S. citizen, if not born in Colombia, must obtain a certified copy of his/her birth certificate, issued within the three months prior to the wedding. The certified birth certificate, if issued in a language other than Spanish, must be translated into Spanish by an official translator and must have an Apostille.

    Certificado de soltería: The U.S. citizen must present a notarized, written statement, executed by a family member or close friend who has known him/her for more than ten years, stating that he/she has never been married. If issued in a language other than Spanish, this statement must be translated into Spanish by an official translator and must have an Apostille.

    Apostille: The Hague convention abolishing the requirement of legalization for foreign documents dated October 5, 1961 entered into force for the United States on October 15, 1981. The Convention entered into force for Colombia on January 30, 2001. Documents originating in the United States require for recognition in Colombia an Apostille issued by competent U.S. authorities.

    If either the U.S. citizen or his/her Colombian fiancé/e have previously been married in other than a Roman Catholic ceremony, a Certificate of Dissolution must be presented, properly authenticated, depending on whether it was issued in Colombia or abroad, as indicated above. If issued in a language other than Spanish, this statement must be translated into Spanish by an official translator and must have an Apostille.

When these documents have been prepared as indicated, they should be delivered to a Colombian notary for processing. The Colombian spouse should at this time provide an authenticated birth certificate issued within the month prior to the wedding, as well as an authenticated copy of his/her cédula.

For civil ceremonies, the notary will be able to offer instruction on petitioning a Colombian judge to perform the wedding service.

Please note that after the wedding, the U.S. citizen must provide the Colombian notary (who has processed the papers) confirmation that the municipality in the U.S. which earlier issued his/her birth certificate has been informed of the marriage. Additionally, the marriage certificate must be registered with the Colombian notary.


Roman Catholic Church Requirements

As noted above, in the event of a Roman Catholic Church marriage to a Colombian national, the U.S. citizen must comply with the following documentary requirements, in addition to the Colombian civil law requirements listed previously:

    Baptismal Certificate: If the U.S. citizen was not born in Colombia, and is Roman Catholic, he/she must present a baptismal certificate obtained within the three months, prior to the wedding with an Apostille. The certified baptismal certificate, if issued in a language other than Spanish, must be translated into Spanish by an official translator and must have an Apostille.

    U.S. citizens who are not Roman Catholic must instead present their birth certificate. The certified birth certificate, if issued in a language other than Spanish, must be translated into Spanish by an official translator and must have an Apostille.

    Confirmation Certificate: U.S. citizens who are Catholic must present their certificate of confirmation. The certified confirmation certificate, if issued in a language other than Spanish, must be translated into Spanish by an official translator and must have an Apostille.

    U.S. citizens who are not Catholic must instead present certification of the religion to which they belong (and translation, if necessary) with an Apostille.

    Certificado de soltería: U.S. citizens who are Catholic must present a written statement, sworn before a Roman Catholic priest and authenticated by a Church official, executed by two family members stating:

    1. how many years they have known the U.S. citizen; and
    2. that the U.S. citizen has never been married in the Catholic Church or, if previously married in the Catholic Church, the reason for the dissolution of the marriage.

    If issued in a language other than Spanish, this statement must be translated into Spanish by an official translator and must have an Apostille.

    If the U.S. citizen who is Roman Catholic has been previously married in the Church, he/she must additionally present certification of the annulment of the marriage, certification of the civil law divorce, and/or certification of the death of the previous spouse. A person previously married by the Catholic Church and subsequently divorced from a still living spouse may not be remarried in the Catholic Church in Colombia without first obtaining an annulment from the Church.

    U.S. citizens who are not Catholic must instead present a written statement, sworn before a Notary, executed by two family members stating:

    1. how many years they have known the U.S. citizen; and
    2. that the U.S. citizen has never married, either in the Catholic Church or under civil law.

    All documents must be translated into Spanish and have an Apostille issued by the appropriate U.S. authorities.

    Premarital Course: All U.S. citizens, regardless of religion, seeking to marry a Colombian national in the Roman Catholic Church, must attend a Church-sponsored premarital course, and present the course certificate along with the above documents.

Important: The Colombian national spouse must comply with his/her own documentary requirements.

All of the above-referenced documentation should be presented, Monday through Friday, between 9:00AM to 12:00M, at least one month prior to the anticipated wedding date at:

Arquidiócesis de Bogotá
Delegación Arzobispal
Matrimonios de Extranjeros
Curia Arzobispal
Carrera 7 # 10-20
Phone: (571) 350-5511

Along with the referenced documentation, the couple to be married must present themselves, and two witnesses of legal age (preferably family members), together with the identity documents of the couple and the witnesses.

The proposed marriage will be announced by the Roman Catholic Church and, if no information which may prevent the marriage is presented within one month after the announcement, the wedding date will be set.

Following the wedding ceremony, the Roman Catholic Church marriage certificate must be registered with a Colombian notary.


List of Colombian consulates in the U.S.

Persons wishing information concerning entrance requirements to Colombia, laws and related matters, and matrimonial visas should communicate with the Colombian Embassy or the Colombian Consular office nearest their place of residence.


For further information on visa issues, please visit:

bogota.usembassy.gov
http://uscis.gov
http://travel.state.gov


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