Lana Oconnell
Members of the US military can marry an international student, but there are some considerations, especially if they are serving abroad. The process of marrying a foreign national is similar to that of a civilian, but there may be some unique challenges and advantages. Military spouses may be eligible for expedited naturalization outside the United States, and there are provisions for situations such as emergency evacuation and overseas naturalization. The process of obtaining a marriage visa or a green card can be complex, and while online marriages are possible, there are specific requirements and supporting documents that need to be provided.
US Military Marrying an International Student
| Characteristics | Values |
|---|---|
| Can a US military marry an international student? | Yes, as a member of the US armed forces, you can generally marry a foreign national like any other American. |
| What is the process? | The process begins with the US citizen filing Form I-130, Petition for Alien Relative with USCIS. The petitioner must relocate to the US prior to, or at the same time, as the spouse beneficiary. The beneficiary will then interview at the US embassy or consulate within that country. Once approved, the beneficiary may enter the US and becomes a permanent resident. |
| What are the requirements? | Couples must meet a number of requirements, such as proving the authenticity of their marriage, earning at least 100% of the poverty guidelines for their household size, and proving their identity, nationality, and current US immigration status. |
| What are the costs? | The government filing fee for military spouses applying from within the US is $3005 and $1340 when one or both spouses live outside the US. There is also a required medical examination that costs an additional $100-$500. |
| How long does it take? | It can take between 9.5 to 38 months or more to receive a green card, depending on where you are applying from. |
| Are there any advantages for military personnel? | Yes, military spouses who are on active duty may be eligible for expedited processing. Children of service members may also be eligible for naturalization or may automatically acquire citizenship. |
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What You'll Learn
US military members can marry foreign nationals
One key consideration is the immigration process for the foreign national spouse. The US citizen must file Form I-130, Petition for Alien Relative, with the USCIS, along with supporting documents and a marriage certificate. After processing, the foreign national will interview at a US embassy or consulate and, once approved, may enter the US with permanent residence. This process is known as consular processing.
Military spouses who are already in the US may not need to leave to obtain a green card. Additionally, in the case of an emergency evacuation, foreign spouses without US visas may be paroled into the country, usually on MAC flights. Military spouses can also apply for expedited processing and naturalization if they are relocating due to their spouse's Permanent Change of Station (PCS) orders.
Online marriages have become more common, and some services provide the necessary resources to get married online, including a licensed officiant. This can be especially useful for military couples who are physically separated due to service commitments.
Obtaining a green card for a foreign spouse can take between 9.5 and 38 months, depending on the circumstances. Spouses of US citizens can expect a faster process than spouses of green card holders, who must wait for a "visa number". The government filing fees range from $1340 to $3050, plus the cost of a required medical examination, which is approximately $100 to $500.
After receiving a green card, foreign spouses can apply for US citizenship in as little as three years if they meet certain requirements and if their sponsoring spouse is stationed abroad.
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Marriage visa requirements
US military members can marry foreign nationals, including international students. However, their spouses will need a valid visa to enter the United States. The process of obtaining a marriage visa can be complex and may vary depending on several factors, including whether the military spouse is a US citizen or permanent resident, and whether the couple is applying from within the US or abroad. Here is an overview of the marriage visa requirements for US military personnel marrying international students:
- Establish Marriage Validity: The couple must provide a marriage certificate and other supporting documents to prove their marriage is valid.
- Petition for Alien Relative (Form I-130): The US citizen spouse must file Form I-130 with the US Citizenship and Immigration Services (USCIS). This step may be done while the citizen spouse is outside the United States.
- Consular Processing: The non-citizen spouse must undergo an interview at a US embassy or consulate in their country. Once the visa is approved, they may enter the US as a permanent resident.
- Visa Availability: There is no limit on immigrant visas for spouses of US citizens. However, there may be a wait time for spouses of permanent residents, as Congress sets statutory limits on visa numbers for this category.
- Supporting Documents: The application package must include various supporting documents, which can vary depending on the specific circumstances of the couple.
- Financial Requirements: Couples must typically meet financial requirements, such as earning at least 100% of the poverty guidelines for their household size.
- Identity and Character Verification: Applicants must prove their identity, nationality, and current US immigration status (if applicable). They must also disclose any prior criminal convictions or immigration violations.
- Medical Examination: A medical exam is required, with costs ranging from $100 to $500.
- Application Fees: The government filing fee for military spouses applying from within the US is $3005, while those applying from abroad pay $1340.
- Processing Time: The process can take between 10 and 38 months or more, depending on the couple's location and circumstances. Spouses of permanent residents may experience longer wait times.
- Conditional or Permanent Green Card: If the couple has been married for less than two years, they will receive a conditional green card valid for two years. After this period, they must apply to remove conditions and re-authenticate their marriage. If married for over two years, a permanent 10-year green card is granted.
- Path to Citizenship: After holding a green card for 3 to 5 years, the non-citizen spouse can apply for US citizenship. They may qualify for expedited naturalization if the sponsoring spouse is stationed abroad.
It is important to note that the above information provides a general outline, and specific cases may vary. Seeking guidance from official government websites or immigration lawyers is recommended to navigate the unique circumstances of each couple.
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Adjustment of status for permanent residence
A US military member can generally marry a foreign national like any other American citizen. However, there are some considerations, particularly if the military member is serving abroad. The process of a foreign national obtaining permanent residence through marriage to a US citizen is called "Adjustment of Status".
The process of obtaining permanent residence through Adjustment of Status involves several steps and requirements. Here is an outline of the process for a foreign national spouse of a US military member:
- Marriage: The marriage must be valid and recognised by US law. Some sources state that the marriage must take place within 90 days of the foreign national entering the US.
- Forms and Supporting Documents: The US citizen spouse must file Form I-130, Petition for Alien Relative, with the US Citizenship and Immigration Services (USCIS). This form must be accompanied by supporting documents, including a marriage certificate. The spouse seeking permanent residence may also need to file Form I-485, Application to Register Permanent Residence or Adjust Status. The specific supporting documents required can vary depending on the circumstances of the couple.
- Interview: After several months of processing, the spouse seeking permanent residence may be required to attend an interview at a US embassy or consulate in their country. They may need to provide evidence of the US military spouse's overseas assignment, such as official orders or a letter from their commanding officer.
- Visa and Entry: Once the visa is approved, the foreign national spouse can enter the US as a permanent resident. They will receive a conditional (CR1) green card valid for two years if the marriage is less than two years old. After two years, both spouses must apply to "remove conditions" and attend a second interview with USCIS to re-authenticate the marriage. If the marriage is over two years old, the foreign national spouse receives a permanent green card valid for ten years.
- Naturalization: The foreign national spouse can apply for US citizenship (naturalization) after residing in a marital union with the US military spouse for a certain period. The specific requirements and timing may vary depending on the circumstances.
- International Travel: During the adjustment of status process, the foreign national spouse may file Form I-131 concurrently to obtain international travel privileges. This allows them to travel outside the US while their adjustment of status application is pending.
- Spouse Already in the US: If the foreign national spouse is already in the US, they may qualify for a green card without leaving the country. They can apply for Adjustment of Status from within the US, attending an interview at a local USCIS office.
- Spouse Abroad or Unlawful Entry: If the foreign national spouse is abroad or has entered the US unlawfully, they may still be able to obtain permanent residence. They can apply through Immigrant Visa Processing (IVP) or may be eligible for the Parole in Place program.
It is important to note that the process can be complex, and specific requirements and procedures may vary depending on individual circumstances. Seeking guidance from immigration lawyers or specialised services is recommended to ensure a smooth process.
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Military spouses' green cards
Military spouses of U.S. citizens or permanent residents can apply for a green card by submitting the appropriate forms, along with proof of their relationship and military affiliation. The process is generally the same as for civilians, but there are some unique challenges and advantages.
Applying for a Green Card from Within the United States
If applying from within the United States, both spouses typically need to go to a local USCIS office for an interview. However, if the sponsoring military spouse is deployed, their spouse can attend alone and must bring evidence of the overseas military assignment, such as a photocopy of the official orders or a letter from the commanding officer. The physical green card usually arrives within 2-3 weeks of final approval.
The government filing fee for military spouses applying from within the United States is $3005, which does not include the cost of the required medical examination, ranging from $100 to $500. The total cost, including the medical exam, can be expected to be between $3105 and $3505.
Applying for a Green Card from Abroad
When applying from abroad, only the spouse seeking a green card typically needs to attend the interview at a U.S. consulate. The physical green card is received after arriving in the United States.
The government filing fee for military spouses applying from abroad is $1340, which also does not include the cost of the required medical examination. The total cost, including the medical exam, will be somewhere between $1440 and $1840.
Duration of the Process
The time it takes to receive a green card depends on where the application is made and can take anywhere from 9.5 months to 38 months or more. The process generally takes longer for spouses of green card holders, who must wait for a "visa number" before applying, compared to spouses of U.S. citizens.
Types of Green Cards
If the couple has been married for less than two years, they will receive a "conditional" (CR1) green card valid for two years. After this period, both spouses need to apply to "remove conditions" and attend a second interview to re-authenticate the marriage.
On the other hand, if the couple has been married for at least two years, they will be granted a "permanent" green card valid for ten years. Renewing this type of green card is usually straightforward and does not require re-proving the authenticity of the marriage.
Additional Considerations
It is important to note that certain military spouses already inside the United States may not need to leave to obtain a green card. Additionally, undocumented spouses of U.S. service members may qualify for a green card after a visa overstay, provided they remain in the country. In some cases, they may be eligible for the Parole in Place program.
Military spouses who are on their active-duty spouse's Permanent Change of Station (PCS) orders can contact the Military Help Line to request expedited processing. Spouses of U.S. citizen service members stationed outside the United States may also be eligible for expedited naturalization under specific provisions of the Immigration and Nationality Act (INA).
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Citizenship for military family members
Military service members and their families can get assistance with citizenship and naturalization. The process for a military spouse to obtain a green card depends on whether they are applying from within the United States or abroad. If applying from within the United States, both spouses attend an interview at a local USCIS office (unless the sponsoring military spouse is deployed). If the sponsoring military spouse is deployed, their spouse must bring evidence of the overseas military assignment, such as a photocopy of the official orders or a letter from the commanding officer. If applying from abroad, only the spouse seeking a green card usually attends an interview at a U.S. consulate. The physical green card arrives within 2–3 weeks of final approval if applying from within the United States, or after arriving in the United States if applying from abroad.
If a couple has been married for less than two years, they will receive a "conditional" (CR1) green card that expires in two years. At that time, both spouses need to apply to "remove conditions" and attend a second interview with USCIS to re-authenticate the marriage. If a couple has been married for at least two years, they will receive a "permanent" green card valid for 10 years. Renewing is a simple process and doesn't require re-authenticating the marriage. After 3–5 years, the spouse can apply for U.S. citizenship. The government filing fee for military spouses applying from within the United States is $3005, and $1340 when one or both spouses live outside the U.S. There is also a required medical examination that costs an additional $100–$500. The process generally takes longer for spouses of green card holders than for spouses of U.S. citizens.
Military spouses who are on their active-duty spouse's Permanent Change of Station (PCS) orders must contact the Military Help Line to let the team know they are moving according to military orders and are therefore requesting expedited processing. This is a case-by-case review and is not automatically granted. USCIS may also consider expedited processing in other unique cases, for example, if a U.S. service member is deploying and needs to update their family care plan.
Spouses of U.S. citizen service members who are (or will be) stationed outside the United States may be eligible for expedited naturalization in the U.S. under section 319(b) of the Immigration and Nationality Act (INA). To apply, the spouse must establish that their partner is a U.S. citizen who is, or will be, regularly stationed abroad as a U.S. service member for at least one year, and be authorized to accompany their spouse abroad. Certain children of U.S. service members or U.S. government employees, and children of their spouses, may automatically acquire citizenship under section 320 of the INA, including children of parents who are stationed and residing outside the United States.
If a spouse of a service member receives an adjustment of status interview appointment notice while the service member is deployed, the USCIS office will still conduct the interview. The spouse should bring evidence of the service member's assignment, such as a copy of their orders or a letter from their commander, along with any other requested evidence.
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Frequently asked questions
Yes, as a member of the US armed forces, you can generally marry a foreign national. However, there are some considerations, especially if you are serving abroad.
The process is similar to that of a civilian, beginning with the US citizen filing Form I-130, Petition for Alien Relative with USCIS. You will need a marriage certificate based on a valid marriage, among other supporting documents. After several months of processing, the beneficiary will interview at the US embassy or consulate within that country. Once approved, the beneficiary may enter the US with some flexibility in timing.
The spouse of a US citizen may apply for a green card, which can take between 9.5 and 38 months or more, depending on the circumstances. The process generally takes longer for spouses of green card holders. The government filing fee for military spouses applying from within the US is $3005 and $1340 when one or both spouses live outside the US. There is also a required medical examination with an additional cost of $100-$500.
