Lori Meadows
International students can get married in California, but there are a number of steps they must follow. Marriage does not automatically change your immigration status, and the process can be stressful due to the change in visa status, long visa processes, and uncertainties about the future. To get married in the U.S., you need the proper identification to apply for a marriage license in the county in which you are to be married. In most cases, you'll need to provide a valid passport, and you may also need to prove your age and marital status. If you are an international student marrying a U.S. citizen, you must file the appropriate forms with USCIS before your student visa expires. Applying for a marriage-based green card to stay and live legally in the U.S. with your spouse is a process called Adjustment of Status.
| Characteristics | Values |
|---|---|
| Can international students get married in California? | Yes, non-citizens can marry within the U.S. |
| What documents are required? | A valid passport, birth certificate, marriage certificates, passport photos, etc. |
| What is the process of getting a green card? | File Form I-485 (Application to Register Permanent Residence or Adjust Status) and Form I-130 (Petition for Alien Relative). |
| What is the 90-day rule? | Immigration officers use this rule to determine if applicants are truthful about their marriage. If a green card is applied for within 90 days of entering the U.S., it may be denied. |
| What is the process if two international students marry? | They will need to explore the identification required to apply for a marriage license. Usually, a valid passport and birth certificate are enough. |
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What You'll Learn
Marriage to a US citizen
International students on an F-1 visa can get married to a US citizen. To do so, they must file the appropriate forms with USCIS before their F-1 visa expires. The process of applying for a marriage-based green card to be able to live and work legally in the US with your spouse is called "Adjustment of Status".
There is a guideline called the 90-day rule that immigration officers use to determine whether couples are truthful about their marriage. If you apply for a green card before you’ve been in the US for more than 90 days, your application may be denied. Temporary visa holders who marry or apply for a green card within 90 days of entering the US could find their green card applications denied and their current visas revoked. They may also find it hard to obtain a U.S. visa in the future.
To receive a green card, you must either be sponsored by a family member (your spouse) or an employer. There are no wait times or caps associated with spouses of US citizens, so you can apply for a green card immediately when you marry your US citizen spouse. However, the process can still take months or even years to complete.
Marriage fraud or the intent to fraudulently immigrate to the United States through marriage is taken very seriously by USCIS. Proving your relationship is legitimate is a key part of both your application and your interview.
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Marriage to a green card holder
International students on an F-1 visa can get married in the US, but they must file the appropriate forms with USCIS before their visa expires. If an international student marries a US citizen, they can apply for a marriage-based green card to stay and live legally in the US with their spouse. This process is known as "Adjustment of Status".
If an international student marries another international student, they will both need to explore the identification required to apply for a marriage licence. Typically, a valid passport and a birth certificate are enough to prove identity. However, the type of green card received, whether temporary or permanent, will depend on how long the couple has been married when their application is approved.
If you are married to a green card holder, the process is similar, but you will need to wait to receive a visa number before applying for a marriage-based green card. This is because visas are immediately available to spouses of US citizens but not to spouses of green card holders. The process for applying for a green card after marrying a US citizen or Lawful Permanent Resident (LPR) is different. After marrying a US citizen, the new spouse can apply to become an LPR.
Applying for a green card after marrying an LPR begins with filing a Form I-130 Immigration Petition for a Foreign Spouse. There are a limited number of green cards for spouses of LPRs, and the number is based on the individual country of the petitioner. After the petition is approved, the spouse may have to wait until a visa number becomes available.
The marriage-based green card process differs depending on whether the foreign spouse is living in the US 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. For spouses of green card holders, the I-485 can only be filed when a visa becomes available. Once the I-485 is submitted, USCIS typically processes it within 9.2 months, though processing times can vary.
During the interview for a marriage green card, the interviewing officer will ask questions related to the history of the marriage to ensure that the marriage is authentic. If the applicant spouse is located in the US, they must attend the interview with their spouse. Successful applicants in the US will get their green card by mail a few weeks after their application is accepted. Spouses living abroad will receive a visa stamp in their passport, allowing them to travel to the US after the interview at their nearest US embassy or consulate if their application is approved.
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Applying for a green card
International students on an F-1 visa can get married in the US, but they must file the appropriate forms with USCIS before their visa expires. Applying for a marriage-based green card to stay and live legally in the US is called "Adjustment of Status".
If you are a US citizen and your spouse entered the US legally on a visa but fell out of status, their lack of status can be forgiven during the adjustment of status process. They must maintain a valid visa until they have filed their green card application (Form I-485). They will need to wait until a visa becomes available before applying for the green card from within the US.
If you are the spouse of a US citizen, you can file Form I-485 (Adjustment of Status) with USCIS. You can file this form concurrently with Form I-130, with processing taking around 9.2 months. You will also need to provide proof of nationality (birth certificate, passport) and proof of lawful entry to the US.
If you are the spouse of a green card holder, you can only file Form I-485 when a visa becomes available according to the Visa Bulletin. Once submitted, USCIS processes the form within 9.2 months, though processing times can vary depending on your local USCIS field office. There is a government filing fee of $2330, which includes $1440 for the green card application.
If you are the child of a K-1 nonimmigrant, you may apply for a Green Card if your parent marries a US citizen within 90 days of being admitted as a K-1 nonimmigrant. You must remain unmarried to be eligible for a Green Card and should apply at the same time or after your parent applies for a Green Card.
If you are a widow or widower of a US citizen, you may still be eligible for a Green Card. Generally, to be eligible to adjust your status, you must be present in the US after being "inspected and admitted" or "inspected and paroled" by an immigration officer.
USCIS can only approve your Green Card application if none of the grounds of inadmissibility apply to you. If you are inadmissible, you may be able to apply for a waiver of inadmissibility or other forms of relief.
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The 90-day rule
International students on an F-1 visa can get married in the US, but the process of doing so is challenging. One of the most important guidelines to be aware of is the 90-day rule. This rule states that if a non-US citizen applies for a marriage-based green card within 90 days of entering the US, their application will likely be denied, and their current visa may be revoked.
It is important to note that the 90-day rule only applies to those seeking a marriage-based green card. If an international student marries another international student, they will need to explore the identification requirements for a marriage licence, which typically includes a valid passport and birth certificate.
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Identification and licences
International students can get married in the US, but it can be a tricky process. Marriage does not change immigration status, and the marriage may not be recognised in the couple's home countries.
To get married in the US, you need the proper identification to apply for a marriage licence in the county in which you will marry. In most cases, a valid passport is required to prove identity. A birth certificate may also be required to verify that the participants are of legal age to marry and that they are not already married.
If you are an international student marrying a US citizen, you must file the appropriate forms with USCIS before your student visa expires. You will then need to apply for a marriage-based green card to stay and live legally in the US with your spouse. This process is called "Adjustment of Status".
If you are an international student marrying another international student, you will both need to explore the kind of identification required to apply for a marriage licence. In most cases, a valid passport and a birth certificate are enough to prove your identity.
If you are a student on an F-1 visa, you can get married to a US citizen. However, if you are marrying another F-1 visa holder, you may need to return to your home country after your visa expires and apply for a marriage-based green card from abroad.
It is important to be mindful of the 90-day rule when applying for a green card. Immigration officers use this guideline to determine whether couples are truthful about their marriage. If you apply for a green card before you have been in the US for more than 90 days, your application may be denied.
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Frequently asked questions
Yes, international students can get married in California.
To get married in California, you will need to apply for a marriage license in the county in which you plan to marry. In most cases, you will need a valid passport and may also need a birth certificate to verify your age.
If you marry a US citizen, you can apply for a marriage-based green card to stay and live legally in the US with your spouse. This process is called "Adjustment of Status".
If you marry another international student, you will both need to explore the identification requirements for applying for a marriage license. You may need to provide valid passports and birth certificates. You will also need to apply for a marriage-based green card from abroad.
