Marrying A Foreign Student: Options For Us Citizens

If you're a US citizen and want to marry an international student, there are a few things you need to know. First, it's important to understand that your spouse-to-be's visa status will impact the process. If they are in the US on an F-1 student visa, they can get married to you as a US citizen, but they will need to file the appropriate forms with the United States Citizenship and Immigration Services (USCIS) before their F-1 visa expires. This process is called Adjustment of Status and involves submitting forms, copies of documents, and undergoing a medical exam and interview. Your spouse will also need a green card to live with you in the US, and the application process can vary depending on the circumstances.

What is the process for an international student marrying a US citizen?

International students often come to study in the United States through an F-1 nonimmigrant visa, which is granted only for the duration of their program with some additional months to gain work experience. After this period, they will need to return to their home country. However, if they fall in love and marry a US citizen or permanent resident, they may wish to live with their spouse permanently in the US.

The marriage green card process can be complicated, and certain requirements must be met to transition from an F1 visa to a green card. Firstly, it is important to know the appropriate time to file an adjustment of status form from a nonimmigrant to an immigrant status. Filing for status adjustment too early or too late can affect your approval chances. You must understand how immigration law works for visa adjustment, especially the 90-day rule, which is used to assess whether you were honest about your intentions when you first entered the US.

The next step is for your spouse to file a petition with the USCIS to prove their eligibility and readiness to be your sponsor. You and your spouse must meet the requirements for a petitioner and beneficiary, respectively, by filling out forms, submitting copies of relevant documents, and attending a green card interview. If your spouse is a US citizen, they will need to file an I-130 petition with the USCIS to establish the marital relationship between you.

As part of the adjustment process, you will also need to undergo a medical examination carried out by a USCIS-certified surgeon to verify that you do not have any communicable diseases, substance abuse disorders, or conditions that would cause you to become dependent on the government for support. In addition, you must be able to prove that you did not intend to deceive immigration officers when you returned to the US as an F-1 student married to a US citizen or green card holder.

What are the requirements for a marriage-based green card?

Marriage to a U.S. citizen does not affect a green card holder's status. However, the foreign spouse would need to go through the appropriate immigration process to join their spouse in the United States. The requirements for a marriage-based green card are as follows:

If the spouse seeking a green card lives in the United States:

The spouse needs to file Form I-485, also called the “Adjustment of Status" application. The I-485 is filed with USCIS to establish that the spouse is eligible for a green card. The spouse must also be present in the United States after being "inspected and admitted" or "inspected and paroled" by an immigration officer.

If the spouse seeking a green card lives outside the United States:

The spouse needs to file Form DS-260 as a foreign national living abroad. They must also provide proof of legal entry into the U.S. and proof of their spouse's U.S. citizenship.

Additional requirements for both scenarios:

The couple must attend an interview and await approval. If they have been married for less than two years, the foreign spouse will receive a conditional green card. After two years, the couple must apply to remove the conditions on the green card and receive a 10-year green card. The government focuses on whether the marriage is genuine, rather than its duration, and newer marriages may need to provide more evidence of a bona fide marriage. The timing for the adjustment of status process can vary but typically takes around 9.3 months.

It is important to note that maintaining a valid immigration status means having a valid visa, such as an H-1B work visa or an F-1 student visa, until the green card application (Form I-485) is filed. Additionally, if the marriage ends before the green card is issued, USCIS may conclude that the marriage was not genuine and deny the application.

What is the process for an international student marrying another international student?

Marrying another international student while studying in the US can be a complicated process, with several factors to consider. Firstly, it's important to understand that marriage does not automatically grant a change in immigration status or permanent residence in the US. Both parties will need to explore the specific identification requirements for applying for a marriage license in their state, typically a valid passport and birth certificate. It's also crucial to be mindful of the 90-day rule, a USCIS guideline that can raise suspicions about the authenticity of the marriage if a green card application is submitted too soon after the wedding.

If both students are on F-1 visas, the process for adjusting their status involves several steps. The first step is to ensure that their F-1 status is valid and maintained throughout their stay in the US. Next, they must register their marriage with the appropriate state or county officials and obtain a marriage certificate. The US citizen spouse will then need to file the Petition for Alien Relative (Form I-130) with USCIS, proving that the marriage is legitimate. Concurrently, the foreign beneficiary will file the Application to Register Permanent Residence or Adjust Status (Form I-485) along with supporting documents, including birth and marriage certificates and passport photos.

It's important to note that the availability of green cards for spouses of green card holders may be subject to annual limits, resulting in potential delays. Additionally, the foreign spouse may need to undergo a medical examination as part of the adjustment process to verify they do not have any communicable diseases, substance abuse disorders, or conditions that could lead to government dependence. If the foreign spouse intends to work or travel outside the US during the green card application process, they must obtain a work permit and a travel permit, respectively.

While it is possible for international students to marry in the US, it is a complex process with potential challenges and uncertainties. It is recommended to seek guidance from an immigration attorney or specialist to ensure all requirements are met and to increase the chances of approval.

What is the process for an international student marrying a green card holder?

International students on an F-1 visa who marry a U.S. citizen or green card holder may apply for a marriage-based green card. This process is known as "adjustment of status". It is important to note that marriage to a U.S. citizen does not guarantee a permanent stay in the U.S. for an international student, and certain requirements must be met to transition from an F-1 visa to a green card.

Firstly, the student must have legally entered the U.S. on their F-1 visa and maintained their lawful F-1 status throughout the process. Timing is crucial when applying for a marriage-based green card. If an international student applies for a green card within their first 90 days in the U.S., the USCIS will presume that the student "willfully represented" their intentions and had no plan of returning to their home country. This is known as the "90-day rule", and overcoming this presumption can be difficult. Therefore, it is best to wait until after the first 90 days to apply for a green card.

To apply for a marriage-based green card, the U.S. citizen or green card holder spouse must submit an affidavit to financially support their foreign spouse using Form I-864. There are strict income and asset requirements for the U.S. sponsor, with a minimum income of $21,775 for a household of two. The couple will also need to participate in an interview for their marriage-based green card. This process is for the USCIS to test that the marriage is bona fide, or real, and not undertaken solely to obtain a green card. If the interview goes well, the spouse should receive their conditional green card in the mail after one week. If the couple has been married for less than two years when the spouse is granted permanent resident status, the spouse is given conditional permanent resident status. After being married for a certain period, the couple will apply together to remove the conditions of residence using Form I-751.

If the international student is married to a green card holder, the process is slightly different. The permanent resident spouse must first file Form I-130 with documentary evidence showing that the marriage is bona fide. Once this is approved, the USCIS will issue a priority date, which is the spouse's place in the waiting line, as there is an annual limit on the number of green cards sponsored by permanent residents.

It is important to note that if an international student on an F-1 visa marries a U.S. citizen or green card holder outside of the U.S., they must apply for an immigrant visa at the nearest U.S. consulate before re-entering the country. If they re-enter the U.S. using their F-1 visa, they could be accused of making a fraudulent entry and denied access.

What is the process for a green card holder marrying a foreigner?

International students in the United States on an F-1 visa are eligible to apply for a marriage-based green card if they are married to a US citizen or green card holder. The process for a green card holder marrying a foreigner is called "adjustment of status". Here is a step-by-step guide to the process:

Step 1: Establish the Marriage is Bona Fide

The first step is to prove that the marriage is legitimate. The US citizen or green card holder (the sponsor) must file Form I-130 to establish the marriage relationship. This form has a filing fee, which varies depending on the form.

Step 2: Apply for Adjustment of Status

If the foreign spouse is living in the US, they must apply for an adjustment of status by filing Form I-485, which also has a filing fee. The timing for this process can vary, but it typically takes around 9.3 months. It is important to maintain lawful status throughout the process.

Step 3: Submit Required Documentation

The following documentation must be submitted along with the I-485 filing package:

• Proof of nationality of the spouse seeking a green card (copy of birth certificate and passport photo page)
• Proof of lawful entry to the US by the spouse seeking a green card (copy of I-94 travel record and prior US visa)
• Medical examination performed by a USCIS-approved doctor
• Proof of the sponsoring spouse's ability to financially support the spouse seeking a green card (including Form I-864, "Affidavit of Support," and evidence such as tax returns and pay stubs)

Step 4: Attend an Interview and Await Approval

Both spouses must attend a marriage-based green card interview. If the couple has been married for less than two years, the foreign spouse will receive a conditional green card that is valid for only two years.

Step 5: Remove Conditions on the Green Card

After two years of marriage, the couple must apply to remove the conditions on the green card by filing Form I-751. After this, the foreign spouse will receive a 10-year green card.

Step 6: Apply for US Citizenship (Optional)

After holding a green card for one year, the foreign spouse is eligible to apply for US citizenship.

It is important to note that green card holders do not have the same ability as US citizens to bring their fiancé to the US through the K-1 visa process. Additionally, the process and requirements may vary depending on individual circumstances, and it is always recommended to consult official government sources for the most up-to-date and accurate information.

Frequently asked questions