Lana Oconnell
International students on an F-1 visa in the United States can marry a US citizen, but this does not guarantee a permanent stay. To stay in the US with their spouse, the international student must apply for a marriage-based green card, which can be a complicated process. The US citizen spouse must file a petition with USCIS to prove they are eligible to be a sponsor, and the student must also meet the requirements for a beneficiary. The student must also have legally entered the US and maintained their F-1 status during their stay.
| Characteristics | Values |
|---|---|
| Can a US citizen marry an international student? | Yes |
| Visa type for international students | F-1 or J-1 visa |
| Can an international student on a visa stay in the US after marriage to a US citizen? | Yes, but they must apply for a change of status to permanent residency |
| What is the process for changing status? | The US citizen spouse must file a petition with USCIS to prove eligibility and sponsorship. The international student must then file Form I-485, Application to Adjust Status, along with other supporting documents. |
| Are there any requirements for the international student to change status? | Yes, they must have legally entered the US and maintained their visa status. They must also undergo a medical examination and meet financial requirements. |
| What happens if the international student's visa has expired? | They may still be able to adjust status without leaving the US, but it is a fact-specific analysis. |
| Can the international student work while their application is pending? | Yes, by filing Form I-765, Application for Employment Authorization |
| Can the international student travel while their application is pending? | Yes, by filing Form I-131, Application for Travel Document, also known as advanced parole |
Explore related products
What You'll Learn
Marriage-based green cards
International students on an F-1 visa who marry a US citizen or permanent resident will need legal help to become a Lawful Permanent Resident. Marrying a US citizen does not automatically guarantee permanent residence in the US for an international student. However, there are two distinct pathways for international students seeking a marriage-based green card. The application process depends on whether the student is married to a US citizen or a green card holder.
Firstly, the marriage must be legally valid and entered in good faith. Secondly, the student must have legally entered the United States, for example, using an F-1 student visa. The student must also have maintained their F-1 status during their stay. The US citizen spouse will then file the Petition for Alien Relative (Form I-130) with USCIS on behalf of their spouse. This form proves to the US government that the marriage is genuine. The foreign beneficiary will file the Application to Register Permanent Residence or Adjust Status (Form I-485) at the same time (also called concurrent filing), along with supporting documents (birth certificates, marriage certificates, passport photos, etc.).
The marriage-based green card process differs depending on whether the foreign spouse is living in the United States or abroad. If the foreign spouse lives in the US, they must file Form I-485 (Adjustment of Status) with USCIS. For spouses of US citizens, the I-485 can be filed simultaneously with Form I-130, with processing typically taking 9.5 months. For spouses of green card holders, the I-485 can only be filed when a visa becomes available according to the Visa Bulletin (wait times vary). Once the I-485 is submitted, USCIS typically processes it within 9.5 months, though processing times can vary depending on the local USCIS field office. Government filing fees are $2330 (including $1440 for the green card application), and proof of nationality (birth certificate, passport) and lawful entry to the US are required.
Upon approval, the spouse becomes a "permanent resident" and can later apply for US citizenship after three years of marriage to a US citizen.
International Students: Summer Work Limit Rules
You may want to see also
Explore related products
Adjustment of status
International students on an F-1 visa who marry a US citizen are eligible to file for a US green card. This procedure is called 'Adjustment of Status' (AOS).
To begin the process, the US citizen spouse must file a petition with the United States Citizenship and Immigration Services (USCIS) to prove that they are eligible and ready to be a sponsor. This is done by filling out Form I-130 (Petition for Alien Relative), which establishes the marital relationship. The student must also file Form I-485 (Application to Register Permanent Residence or Adjust Status) at the same time, along with supporting documents such as birth and marriage certificates, passport photos, etc.
It is important to note that the marriage must be legally valid, and the student must have legally entered the United States on their F-1 visa and maintained their F-1 status during their stay. Additionally, the student must undergo a medical examination by a USCIS-certified surgeon to verify they do not have any communicable diseases or substance abuse disorders, or conditions that would cause them to become dependent on government support.
Once the forms are approved, the USCIS will schedule an interview to further review the paperwork and ensure that the marriage is legitimate and not for the sole purpose of obtaining a green card. The interview will also assess whether the student has any past criminal or immigration issues that may affect their eligibility for a green card.
If the case is approved, and the marriage is over two years old, the student will receive lawful permanent residency and a ten-year green card.
It is recommended to consult an immigration lawyer, especially if there are any complications or violations of the student visa terms.
Understanding Your Student Status: Americans in Canada
You may want to see also
Explore related products
F-1 visa expiry
Yes, it is possible for a US citizen to marry an international student. However, marriage does not automatically guarantee a permanent stay for an international student. There are two distinct pathways for international students seeking a marriage-based green card. The application process depends on whether the student marries a US citizen or a green card holder.
F-1 visas are issued to students who wish to enter the US to study at academic high schools, conservatories, colleges, universities, and institutions with language training programs. They are generally valid for the duration of the student's program, with some additional months to gain work experience. After this period, the F-1 visa will expire, and the student will need to return to their home country unless they apply for another visa.
If an international student on an F-1 visa marries a US citizen, they must file the appropriate forms with the United States Citizenship and Immigration Services (USCIS) before their permitted stay under their F-1 visa expires, which is usually 60 days after finishing their degree or any authorized period of Optional Practical Training (OPT).
If an international student's F-1 visa expires before they receive their visa number, they must leave the US and apply for a green card through the marriage-based green card consular process in their home country. They will need to submit Form DS-260, the "Immigration Visa Electronic Application," or the online green card application. If their Form DS-260 is approved, they will receive their green card between 27 and 46 months after their Form I-130 was first received.
Alternatively, if an international student's F-1 visa is expiring before they receive their visa number, they may be able to extend their F-1 status or apply for a temporary B-2 visitor visa, allowing them to stay in the US and apply for a green card by adjusting their status with Form I-485.
It is important to note that the process of adjusting status from an F-1 visa to a green card through marriage can be complicated, and it is recommended to seek legal help to ensure all requirements are met.
International Students: California Residents or Not?
You may want to see also
Explore related products
Medical examination
International students on an F-1 visa can marry a U.S. citizen, but this does not automatically guarantee a permanent stay in the U.S. To transition from an F-1 visa to a Green Card, certain requirements must be met.
The process of obtaining a marriage-based Green Card can be complicated, and it can take months or even years to complete. The U.S. citizen spouse will need to file a petition with U.S. Citizenship and Immigration Services (USCIS) to prove their eligibility to be a sponsor. This is done by filling out forms, submitting copies of relevant documents, and attending a Green Card interview.
One crucial aspect of the marriage Green Card process is proving that the marriage is "bona fide," or formed from a genuine relationship. The couple must provide evidence of the legitimate nature of their relationship during the application and interview process. Marriage fraud or the intent to fraudulently immigrate to the U.S. is taken very seriously by the USCIS.
As part of the adjustment of status process, the applicant will undergo a medical examination carried out by a USCIS-certified surgeon. The purpose of this examination is to verify that the applicant does not have any communicable diseases, substance abuse disorders, or conditions that would cause them to become dependent on government support. Form I-693, Report of Immigration Medical Examination and Vaccination Record, or a partial Form I-693, may be required as part of the process. If the applicant received an immigration medical examination before arriving in the U.S., they may not need another examination, but they must still show proof of vaccination.
Working While Studying: Options for International Students
You may want to see also
Explore related products
$10.18 $19.99
Travel outside the US
If you are a US citizen and marry an international student, your spouse will need a green card to live with you in the US. The application process depends on various factors, including where you and your spouse live and your respective immigration statuses.
If your spouse intends to travel outside the US while their green card application is being processed, they must file for a travel permit. Failure to do so will result in their green card application being considered "abandoned," and they will have to restart the process.
If you get married outside the US or travel outside the US after your marriage without having applied for Permanent Residency, you must apply for an immigrant visa at the nearest US consulate. If you re-enter the US using your non-immigrant F or J visa, you may be accused of making a fraudulent entry and denied access.
It is recommended to apply for Advance Parole immediately when filing your Permanent Residency application if you want to leave the US right after getting married. Advance Parole allows you to re-enter the US without delay and eliminates the need for an immigrant visa.
If you file Form I-130 and then travel abroad with an F-1 visa, you may encounter difficulties re-entering the US. In this case, you will need to prove to the US government that you do not intend to deceive immigration officers about the timing of your return as an F-1 student married to a green card holder.
It is important to maintain valid immigration status by having a valid visa, such as an F-1 student visa, until your spouse has filed their green card application. This ensures that they can remain in the US while the application is being processed.
International Students: Stock Trading Rules and Regulations
You may want to see also
Frequently asked questions
Yes, a US citizen can marry an international student.
If you are an international student on an F-1 visa and you marry a US citizen, you can apply for a "marriage-based green card" to become a lawful permanent resident.
The US citizen spouse will need to file a petition with USCIS to prove their eligibility to sponsor their spouse. They will need to submit Form I-130 (Petition for Alien Relative) to establish the marital relationship. Once this is approved, the international student will receive a priority date for their green card application. The student will then need to file Form I-485 (Application to Register Permanent Residence or Adjust Status) along with supporting documents such as birth certificates, marriage certificates, and passport photos.
Yes, there are additional requirements. The international student must have legally entered the US on their F-1 visa and maintained their F-1 status during their stay. They must also undergo a medical examination as part of the adjustment process to verify they do not have any communicable diseases or substance abuse disorders. Additionally, there are specific financial requirements, including demonstrating an income of at least 125% of the federal poverty guidelines.
Yes, you can request work authorization by submitting Form I-765 (Application for Employment Authorization) along with your green card application.
