Lori Meadows
International students can get married, but depending on the country and visa type, there may be complications. For example, in the UK, a student visa holder can get married, but unless one half of the couple is a UK resident or citizen, the student visa holder may not have the right to reside in the UK after their visa expires. In the US, international students can get married, but they may face a lengthy process to adjust their status, especially if their spouse is not a citizen.
Characteristics of international students getting married:
| Characteristics | Values |
|---|---|
| Getting married in the UK on a student visa | Possible, but may not have the right to reside in the UK after the Student visa expires |
| Getting married in the US on an F-1 visa | Possible, but may face delays in obtaining a green card |
| Getting married in the US on a J-1 visa | Requires returning to the home country for at least two years before obtaining a marriage-based adjustment of status |
| Spouse visa in the UK | Requires marriage or proof of living together for at least 2 years; valid for up to 2 years and 9 months |
| Work restrictions on a spouse visa in the UK | None |
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What You'll Learn
Getting married on a UK student visa
International students on a Tier 4 (now known as a Student visa) in the UK are allowed to get married. However, if your study visa is due to expire before your wedding, you will need to extend your visa or apply for a spouse visa.
To get married in the UK as an international student, you must give notice of your wedding to your local registry office at least 29 days and no more than 12 months before your wedding date. You must have been in the UK for at least seven days and lived in the registration district for the past seven days. You and your partner must give notice together. The Home Office may ask questions about your relationship, and you may be required to provide proof of your relationship, including how you met and how often you see each other. You will also need to provide information on your previous marriages and partners with whom you had children.
If your partner is not a UK citizen, they may need to apply for a Marriage/Civil Partnership visit visa or a Marriage Visitor Visa before giving notice. If your partner does not have the right to abode in the UK or is not an EEA national, they will need a Marriage Visitor Visa to enter the UK and give notice.
Once you are married, you can apply for a spouse visa. To switch from a Tier 4 student visa to a spouse visa, you will need to meet the eligibility criteria. You must show that you are in a genuine civil partnership or marriage recognised in the UK, or that you have been living together in a relationship for at least two years. Your partner must be a British citizen or have settled rights in the UK. You will also need to prove that you have a good knowledge of English and can financially support yourself and your dependents.
A spouse visa will grant you permission to remain in the UK for 2.5 years, after which you can apply to extend your visa. After five years of continuous residence, you may be able to apply for indefinite leave to remain.
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Getting married on a US student visa
International students on an F-1 visa can get married in the US, but they cannot do so if they have entered the country on a B-2 visa. The process of adjusting an F-1 visa to a green card can be complicated and time-consuming.
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 stay and live with your spouse in the US. This process is called an "Adjustment of Status". To do this, you must file the appropriate forms with USCIS before your F-1 visa expires. The specific forms and processes depend on whether your spouse is a US citizen or a green card holder.
If your spouse is a US citizen, you will need to file Form I-130 (Petition for Alien Relative) and Form I-485 (Application to Register Permanent Residence or Adjust Status) together. Your US citizen spouse must sign and submit Form I-130. You will also need to provide supporting documents such as birth certificates, marriage certificates, and passport photos. It is important to note that you must prove that you married "in good faith", meaning that you did not marry solely for the purpose of obtaining a green card.
If your spouse is a green card holder, your spouse will need to file Form I-130 on your behalf, and you will need to file Form I-485 concurrently. You will be given a priority date once Form I-130 is approved, which generally means a shorter wait time for your green card.
It is important to be mindful of the 90-day rule when applying for a green card. If you apply for a green card within 90 days of entering the US, it may be seen as a red flag by immigration officers, who may suspect that you always intended to stay in the US.
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Switching to a spouse visa in the UK
International students in the UK on a visa that lasts for more than six months can get married or enter a civil partnership in the UK with no further restrictions. However, unless one half of the couple is a UK resident or citizen, they may not have the right to reside in the UK following the expiration of their student visa, even if they are married.
If you are on a student visa and are married to or in a civil partnership with a British citizen or UK settled person, you may want to switch to a spouse visa to remain in the UK after your studies. The spouse visa allows the visa holder to work in the UK without restriction and is a route to UK settlement.
To switch from a student visa to a spouse visa, you will need to make an application to the Home Office online. You will need to verify your identity, either by using the Home Office ID app or attending an appointment to provide your biometric information, i.e. your fingerprints and a digital photo. You will also need to provide documentary evidence that shows you meet the eligibility criteria. This includes proof of identity, age, and nationality, such as a valid passport, and that of your sponsor to prove their identity and UK status.
The financial requirement for switching is primarily based on the income or savings of the sponsoring partner. The applicant's income is generally not considered unless they are already working in the UK and meet specific conditions. You will need to provide financial records going back at least 28 days to show sufficient funds for your living costs. You will also need to prove your knowledge of English. A certificate showing the successful completion of your studies in the UK should be sufficient to show your knowledge of English. However, if you do not have any relevant academic qualifications, you can prove your knowledge by passing an approved English language test with at least a CEFR level of A1 in speaking and listening.
The average processing time for switching to a spouse visa from within the UK is around 8-12 weeks, and the fee for making an application is £1,258. Most applicants will also be required to pay the Immigration Health Surcharge and a fee of £19.20 to enrol their biometric information.
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Applying for a US marriage-based green card
International students can get married in the US, and their spouses can get a marriage-based green card. The process can be challenging, involving a lot of paperwork, interviews, and expensive application fees. Here is a step-by-step guide to applying for a US marriage-based green card:
Step 1: File Form I-130
The first step is to file Form I-130, Petition for Alien Relative. This form establishes that you have a valid marriage to a US citizen or green card holder. Along with the form, you must provide your marriage certificate and other documents showing that your marriage is legitimate. The purpose of this step is to prove that your marriage is "bona fide," meaning that you and your spouse are building a life together. If you have been married before, you must provide proof of the legal termination of your previous marriage, such as a divorce decree or death certificate.
Step 2: File Form I-485
If your spouse is already a US citizen or green card holder, you can file Form I-485, Application to Register Permanent Residence or Adjust Status, concurrently with Form I-130. However, if your spouse is also applying for a green card, you must wait for their Form I-130 to be approved before filing Form I-485. This form allows you to adjust your status to permanent residence without leaving the country. To be eligible for this adjustment of status, you must generally be present in the United States after being "inspected and admitted" or "inspected and paroled" by an immigration officer.
Step 3: Provide Supporting Documents
In addition to the forms mentioned above, you must submit various supporting documents. These include a copy of your marriage certificate, proof of legal termination of any prior marriages, a copy of your passport page with a non-immigrant visa or admission/parole stamp, and biometrics. You may also be required to attend an interview with USCIS to provide additional evidence of your bona fide marriage.
Step 4: Wait for Processing
After submitting your application, USCIS will typically send a receipt notice within two weeks. They may also send a Request for Evidence (RFE) within 2-3 months if more information is needed. The processing times vary, but you can expect a decision within 9 to 14.6 months for Form I-130 and 10 to 13 months for Form I-485. The total wait time for a marriage-based green card can be up to 23-32 months, depending on your specific circumstances.
Step 5: Receive Green Card
Once your application is approved, you will receive your marriage-based green card. It is important to note that you should not travel outside the United States until your green card is approved, as USCIS will assume you have abandoned your application. Additionally, if your marriage ends before you receive your green card, your application may be denied, as the process requires that the marriage be genuine and entered into in good faith.
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Marriage between two international students
Marriage is a legal union between two individuals, and the process can be quite different for international students, especially when both parties are international students. The laws and requirements for marriage vary depending on the country in which the marriage will take place.
In the United Kingdom, international students can get married on a Student Visa (formerly known as a Tier 4 visa) as long as they have been in the country for at least 7 days. There are no further restrictions on entering into a genuine and legal marriage while on this visa. To get married in the UK, both individuals must provide the local registry office with valid passports and birth certificates to prove their identity. They must also give notice of their wedding to the registry office at least 29 days, but no more than 12 months, before the wedding date. While marriage is possible on a student visa, it does not grant the right to reside in the UK after the visa expires. To continue living in the UK with their spouse, an individual would need to switch to a Spouse Visa, which requires proof of knowledge of English and financial stability.
In the United States, the process for international students to get married is more complex. If an international student marries a US citizen, they can apply for a marriage-based green card, but they must be cautious of the 90-day rule. This rule states that applying for a green card within 90 days of entering the US may raise suspicions about the authenticity of the marriage. Additionally, certain classes of J-1 Visa holders, which include some international students, are subject to a two-year residency requirement after their studies, meaning they must return to their home country for two years before obtaining an adjustment of status based on marriage to a US citizen. For two international students to marry in the US, they will need to explore the specific identification requirements for a marriage license in their state, as these may vary.
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Frequently asked questions
Yes, international students can get married in the UK. If you have a Student visa (formerly known as a Tier 4 visa), you can get married, but you must have been in the UK for at least 7 days. You will also need to give notice of your wedding to your local registry office at least 29 days and no more than 12 months before your wedding date.
Yes, international students can get married in the US. If you're on an F-1 visa, you can get married to a US citizen, but you must file the appropriate forms with USCIS before your visa expires.
Yes, international students on a Student visa in the UK can switch to a Spouse visa. You will need to complete an online application form and submit your marriage or civil partnership certificate, as well as prove your knowledge of English and your financial status.
Yes, international students on an F-1 visa in the US can apply for a green card. You will need to file Form I-485 within 90 days of your last entry into the US. The type of green card you receive (temporary or permanent) will depend on how long you've been married when your application is approved.
