Lana Oconnell
International students on an F-1 visa who marry a US citizen or green card holder may be eligible for a marriage-based green card. This process, called adjustment of status, allows them to stay in the US with their spouse without leaving the country. However, there are several factors to consider, such as the 90-day rule, which states that applying for a green card within 90 days of entering the US may lead to the application being denied and the current visa being revoked. Additionally, the type of green card obtained, whether temporary or permanent, depends on how long the couple has been married when the application is approved.
| Characteristics | Values |
|---|---|
| Can an international student marry a green card holder? | Yes |
| Can an international student with an F-1 visa marry a green card holder? | Yes |
| Can an international student apply for a marriage-based green card? | Yes |
| What is the process called? | "Adjustment of Status" |
| What is the first step in the process? | File the appropriate forms with USCIS |
| What forms need to be filed? | Form I-130, Form I-485, Form I-765, Form I-864 |
| What is the 90-day rule? | Immigration officers use this rule to determine if couples are truthful about their marriage. Applying for a green card before 90 days in the US raises suspicion. |
| What is Advance Parole? | Authorization to travel outside the US after getting married and waiting for Permanent Residency |
| Can an international student with an F-1 visa get a work permit? | Yes, it is called an Employment Authorization Document (EAD) |
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What You'll Learn
The process for international students marrying US citizens or green card holders
International students on an F-1 visa can marry US citizens or green card holders. However, there is a specific process to follow if the couple plans to live together in the US.
If the international student marries a US citizen, they can benefit from a shorter wait time by using the concurrent filing method. This involves filing Form I-130 (Petition for Alien Relative) and Form I-485 (Application for Adjustment of Status) together. USCIS will process the application, request a biometrics appointment and an in-person interview, and then grant the spouse a green card.
If the international student marries a green card holder, the process is similar, but the student will first need to wait to receive a visa number before applying for a marriage-based green card. It's important to note that visas are not immediately available to spouses of green card holders, so this process can take up to 2.5 years.
In both cases, it's crucial to be mindful of the "90-day rule." This is a USCIS guideline used to determine whether applicants are truthful about their marriage. If an international student applies for a green card within 90 days of entering the US, their application may be denied, and their visa may be revoked.
Additionally, while waiting for Form I-485 to be approved, the international student should not travel outside the US without obtaining a travel permit. Doing so will result in their application being considered "abandoned," and they will need to restart the process.
The process for obtaining a marriage-based green card can be complex, and it's always recommended to seek detailed guidance from official sources, such as U.S. Citizenship and Immigration Services (USCIS).
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The 90-day rule and how it affects applications
The 90-day rule is a guideline used by the U.S. Citizenship and Immigration Services (USCIS) to determine whether green card applicants applying from within the United States misled government officers when they were granted visas or admitted to the country. This rule applies to all nonimmigrant visa holders who enter the United States for the purposes of a temporary stay, except for those who use "dual intent" visas such as H or L visas.
The rule states that if a "single-intent" visa holder marries a U.S. citizen or green card holder or attempts a change of status by filing Form I-485 within the first 90 days of their stay in the United States, they could be judged to have misrepresented their original intentions when applying for a visa or entering the country. This is because it raises red flags for immigration officers and they may assume that the marriage was undertaken to obtain a green card.
If a single-intent visa holder marries or applies for a green card after the initial 90-day period, USCIS won't immediately assume that they misrepresented their original intentions. However, they may still discover evidence of willful misrepresentation during the application process. For example, if an applicant states that they came to the United States intending to remain during their green card interview, USCIS may doubt their original intentions and deny their application.
While the 90-day rule tells USCIS officers to presume misrepresentation of intent, applicants can present evidence to the contrary. If an applicant can convince the USCIS officer that they came to the United States without misrepresenting their plans and that their intentions genuinely changed during the first 90 days, they may still be approved for a green card. This evidence can include continuing employment, property ownership, or travel bookings to prove their nonimmigrant intent.
Overall, it is important for applicants to be honest about their intentions when applying for a U.S. nonimmigrant visa. Misrepresenting travel intentions can lead to serious consequences, including denial of the green card application, revocation of the current visa, and difficulty obtaining U.S. visas in the future.
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The forms and supporting documents required
To marry a green card holder as an international student, you must apply to the U.S. Citizenship and Immigration Services (USCIS) to adjust your status to become a Permanent Resident. The following forms and supporting documents are required for this process:
- Form I-130 (Petition to Classify Status of Alien Relative for Issuance of Immigrant Visa): This form is submitted by your spouse, the green card holder.
- Form I-485 (Application to Register Permanent Residence or Adjust Status): This form is submitted by you, the international student.
- Supporting documentation:
- Required fees.
- Marriage certificate.
- Evidence of the termination of any previous marriages, such as a divorce decree or death certificate.
- Birth certificates for both you and your spouse.
- Photographs taken according to USCIS specifications.
- Passport page with a nonimmigrant visa (if applicable).
- Passport page with your admission or parole stamp issued by a U.S. immigration officer (if applicable).
It is important to note that you cannot apply to adjust your status until after you are married. However, you can obtain the necessary forms (Form I-130 and Form I-485) and begin completing them, as well as gather the required supporting documents, beforehand. Once you have filed these forms and documents with the USCIS, you will become an applicant for Adjustment of Status, which is an "in-between status" between your nonimmigrant student status and Permanent Residency.
Additionally, if you plan to leave the U.S. right after getting married, you should apply for Advance Parole at the same time you file your Permanent Residency application. Advance Parole allows you to legally re-enter the U.S. without delay and without needing an immigrant visa. To apply for Advance Parole, you may need to fill out Form I-131, Application for Travel Documents, Parole Documents, and Arrival/Departure Records.
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The time it takes to get a green card
The time it takes to obtain a green card through marriage varies depending on several factors. Firstly, it depends on whether the applicant is married to a US citizen or a green card holder. Secondly, the location of the applicant may impact the time it takes, as certain locations have additional backlogs.
The first step in the process is to file Form I-130, which establishes the marriage relationship. The current processing time for Form I-130 is around 14 months, though this can vary depending on the service center processing it. Once Form I-130 is approved, the applicant must wait until the visa bulletin has reached the assigned priority date to apply for a green card using Form I-485. The total estimated time for both forms is around 35 months.
However, it is important to note that the USCIS review process can take months or years, and there may be additional delays if the USCIS requests further evidence to prove that the marriage is bona fide. After submitting the application, the USCIS will send a notice for an interview with the applicant and their spouse to ascertain that the marriage is authentic.
To avoid delays, it is recommended to consult an immigration attorney who can guide the applicant through the complex process, help gather the necessary documents, and ensure all forms are completed correctly. Obtaining advance parole can also allow the applicant to travel internationally while their green card application is pending, but this must be approved before leaving the US.
Overall, the current total wait time for a marriage-based green card averages around 9.5 months, but it can take longer depending on the specific circumstances of the applicant.
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The cost of applying for a green card
An international student can marry a green card holder, but they will need to wait to receive a visa number before they can apply for a marriage-based green card. It is important to note that marriage does not automatically change one's immigration status.
Now, onto the costs of applying for a green card. The cost of applying for a green card can vary depending on several factors, including the applicant's location, the type of application, and the specific fees involved. Here is a breakdown of the costs:
Government Filing Fees
The government filing fees for obtaining a family-based green card differ based on the applicant's location. As of 2019, the fee is $1,760 for applicants living in the United States and $1,200 for those living outside the country.
Medical Examination Fees
The cost of a medical examination typically ranges from $150 to $600, depending on the provider and location. This fee is paid after visa approval but before travelling to the US.
Vaccination Fees
Vaccination costs will vary depending on the provider and the specific vaccinations required.
Translation Services Fees
If any documents in the application package are in a language other than English, certified translation services are required. For example, translating a one-page birth certificate might cost between $20 and $40.
Document Fees
As part of the application process, applicants must submit digital or physical copies of supporting documents, such as birth certificates, marriage certificates, and passports. Government agencies charge fees for issuing these official documents.
Biometrics Fee
The biometrics fee is now incorporated into the main application fee, simplifying the cost structure.
Advance Parole Fee
There is a separate fee for advance parole applications, which is required for applicants who need to travel.
Online Filing Discount
Some green card applications offer a $50 reduction for online submissions, lowering the overall cost.
Employment Authorization Fee
There are separate fees for initial and renewal employment authorization applications, impacting applicants who require work permits during the application process.
It is important to note that the USCIS Immigrant Fee must be paid to receive the Green Card. This fee can be paid by the applicant or someone else on their behalf. Additionally, applicants should be aware of the 90-day rule, which states that applying for a green card too soon after arriving in the US can raise suspicions about the authenticity of the marriage.
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Frequently asked questions
Yes, an international student can marry a green card holder.
The process is called "Adjustment of Status" and involves applying for a marriage-based green card. The student must maintain lawful F-1 status throughout the process. The U.S. citizen or green card holder must also submit an affidavit to financially support the foreign spouse using Form I-864.
One important consideration is the 90-day rule, which states that applying for a green card within 90 days of entering the U.S. may result in the application being denied. Another consideration is that the process for spouses of green card holders may face delays.
