Marrying A Foreign Student: Options For Us Military Personnel

Members of the US military can marry foreign nationals, including international students. The process of marrying a foreign national as a US military member is similar to that of a civilian, but there are some unique challenges and advantages. For example, military spouses who are already in the US may not need to leave to get a green card, and spouses of US service members may be eligible for expedited naturalization outside the US. However, the process can be more complicated if the US military member is serving abroad. In all cases, the foreign national spouse will need to apply for a visa and, ultimately, a Green Card.

US military members can marry foreign nationals, but there are some challenges

The first step is to ensure that the couple meets the requirements for a marriage green card, such as proving the authenticity of their marriage and meeting income requirements. The US citizen then files Form I-130, Petition for Alien Relative, with the USCIS, along with supporting documents, including a marriage certificate. The process can be done online, and some services can help simplify the preparation of these forms. After several months of processing, the foreign national beneficiary interviews at a US embassy or consulate within their country. Once approved, the beneficiary may enter the US with some flexibility in timing.

For military personnel, there is the option of expedited processing in certain cases, such as when a service member is deploying. Additionally, in the event of an emergency evacuation, foreign family members without US visas may be allowed entry without documentation. Spouses of US service members may also be eligible for expedited naturalization outside the US. If the sponsoring military spouse is deployed, their spouse can attend the interview alone, bringing evidence of the overseas military assignment.

It is important to note that the process can be more complicated for spouses of permanent resident service members to obtain a green card after a visa overstay. Undocumented spouses of permanent residents should consult an immigration attorney for guidance. Obtaining a green card can be a lengthy process, with wait times of up to 38 months or more, and costs can range from $1340 to $3005 in government fees, excluding medical examination fees.

Immigration is complicated, and the sponsor working abroad adds difficulty

Immigration is a complex process, and when the sponsor is a US military member working abroad, unique challenges arise. Firstly, the immigration process for foreign spouses of US military personnel is generally similar to that of civilians. However, the military context can introduce complexities. For instance, if the sponsoring military spouse is deployed overseas, only the spouse seeking a green card typically attends the interview at a US consulate, and they must provide evidence of their partner's overseas military assignment.

The immigration process can be lengthy, with wait times ranging from 9.3 months to 38 months or more, depending on the specific circumstances. The process is generally more straightforward for spouses of US citizens, who can apply for a green card after a visa overstay as long as they remain in the country. On the other hand, spouses of permanent resident service members face a more intricate process when seeking a green card after a visa overstay. In such cases, consulting an immigration attorney is advisable.

Additionally, the cost of applying for a green card as a military spouse is a significant consideration. The government filing fee varies based on the location of the applicant, with fees of $3005 for those applying from within the US and $1340 for applicants outside the US. There is also a mandatory medical examination, which can cost between $100 and $500. Overall, the total expenses can range from $1440 to $3505, excluding possible delays or additional costs.

Furthermore, the type of green card received depends on the length of the marriage. Couples married for less than two years receive a "conditional" (CR1) green card valid for two years. After this period, they must apply to "remove conditions" and attend a second interview to re-authenticate the marriage. In contrast, couples married for at least two years are granted a "permanent" green card valid for ten years, and they do not need to re-prove the authenticity of their marriage. After holding this green card for three to five years, they can apply for US citizenship.

It is worth noting that US military members marrying foreign nationals should be aware of the challenges posed by their service, particularly if they are stationed abroad. While there are advantages, such as expedited processing in certain situations, the overall process can be complex and time-consuming.

The foreign national spouse must change from nonimmigrant status to permanent residence

A US military member can marry a foreign national, including an international student. The process for the foreign national spouse to change from nonimmigrant status to permanent residence involves several steps and requirements.

Firstly, it's important to understand the difference between nonimmigrant and permanent residence status. Nonimmigrant status refers to individuals who are temporarily in the United States for a specific purpose, such as students, tourists, or workers. On the other hand, permanent residence status, also known as a Green Card, allows individuals to live and work in the US indefinitely.

To initiate the process of changing status, the US citizen spouse needs to file Form I-130, Petition for Alien Relative, with the United States Citizenship and Immigration Services (USCIS). This form must be accompanied by supporting documents, including a marriage certificate, passport-style photos, and evidence of any legal name changes. The process can be facilitated by CitizenPath, an online immigration service, or with the assistance of an immigration lawyer.

Once the Form I-130 is approved, the foreign national spouse may be eligible for a nonimmigrant K-3 visa, which allows them to live and work in the US while the visa petition is pending. To obtain this benefit, the US citizen spouse should file Form I-129F, Petition for Alien Fiancé(e). Additionally, certain children of US service members may automatically acquire citizenship or be eligible for naturalization.

After several months of processing, the foreign national spouse will interview at the US embassy or consulate in their country. Upon approval of the immigrant visa, they can enter the US and become a permanent resident through a process called consular processing. It's important to note that the US citizen spouse must relocate to the US prior to or simultaneously with their spouse.

During this process, military spouses who are on active-duty orders can contact the Military Help Line to request expedited processing. However, this is evaluated on a case-by-case basis and is not guaranteed. Additionally, in the event of an emergency evacuation, foreign family members without US visas may be paroled into the country, typically on MAC flights.

The US citizen must file Form I-130, Petition for Alien Relative, with USCIS

If a US military member wants to marry a foreign national, they can do so, but they will have to follow the same immigration rules as civilians. The US citizen must file Form I-130, Petition for Alien Relative, with USCIS. This form is used by US citizens and lawful permanent residents to prove they have a family relationship that makes their relative eligible to immigrate to the United States. The form is the first step in helping a family member obtain a Green Card.

The process of filing Form I-130 involves creating an online account with USCIS. This account will allow the petitioner to receive case alerts, check their status, upload supporting evidence, and see all case correspondence. The form can be filed online or by mail. If filing by mail, it is important to send the application to the correct address. The address depends on the state the petitioner lives in and whether the relative is filing Form I-485 at the same time. If the relative is already in the United States and is eligible to apply for a Green Card, they can file Form I-485, Application to Register Permanent Residence or Adjust Status. If the relative is in the United States but is not eligible to apply for a Green Card, they may be eligible to apply for an immigrant visa with the U.S. Department of State at a U.S. embassy or consulate through consular processing.

It is important to note that the I-130 form does not automatically grant any immigration benefits or status in the US. It is just the beginning of the process, and there are more steps to take before the relative can obtain a Green Card and move to the United States. The approval rate for Form I-130 has been high in recent years, above 99%, as most applications are filed by US citizens or green card holders sponsoring their immediate relatives.

The process of obtaining a Green Card for a foreign spouse can be complicated, and military spouses who are in the United States through unlawful entry may be eligible for the Parole in Place program. It is recommended to consult with an immigration attorney to find the best solution for each unique situation.

Spouses of US service members may be eligible for expedited naturalization

Military service members can generally marry a foreign national, just like any other American citizen. However, there are some considerations, especially if the service member is serving abroad. The process of a foreign national marrying a US military member is similar to that of a civilian, but with some unique challenges and advantages.

To be eligible for naturalization, the spouse of a US service member must meet the following requirements:

• Establish that their spouse is a US citizen who is, or will be, regularly stationed abroad as a US service member for a year or more.
• Be authorized to accompany their spouse abroad by their spouse's official orders.
• Be present in the US as a lawful permanent resident at the time of the naturalization application interview.
• Be present in the US at the time of naturalization.
• Declare in good faith upon naturalization an intent to reside abroad with their US citizen spouse and to reside in the US.
• Be able to read, write, and speak basic English.
• Have a basic knowledge of US history and civics.
• Have been, and continue to be, a person of good moral character, attached to the principles of the US Constitution.

In addition, the spouse of a US service member must have been a lawful permanent resident for either the past three or five years, depending on which naturalization category they are applying under. They must also have continuous residence and physical presence in the US. It is important to note that military members stationed abroad with their families may not be able to maintain a residence in the US, which can be an obstacle for their foreign-born spouses.

Frequently asked questions