Ibrahim Gardner
Marriage as an international student can be a tricky business, with visa applications, financial requirements, and the threat of marriage fraud to consider. However, it is perfectly possible to fall in love and get married while studying abroad. In the US, for example, international students on an F-1 visa can get married to a US citizen, but they must file the appropriate forms with USCIS before their visa expires. Similarly, in the UK, international students on a Tier 4 student visa must sign a legal statement or giving notice at a local register office to show their intention to marry.
| Characteristics | Values |
|---|---|
| Can international students marry? | Yes, but it can be a complicated process. |
| Can international students marry US citizens? | Yes, but they will need legal help to become a Lawful Permanent Resident. |
| Can international students marry international students? | Yes, but they will have to face a lot of hardship before they can legally marry. |
| What visa do international students usually enter the US on? | J-1 Exchange Visa or F-1 Student Visa |
| What is the process for an F-1 student to marry a US citizen? | File the appropriate forms with USCIS before the F-1 visa expires. Apply for a marriage-based green card (Form I-485) or a K1 Fiance Visa. |
| What is the process for an F-1 student to marry another F-1 student? | Explore the identification required to apply for a marriage license (usually a valid passport and birth certificate). |
| What is the process for an F-1 student to marry a green card holder? | File Form I-130 (Petition for Alien Relative) and Form I-485 (Application for) Adjustment of Status. |
| What is the 90-day rule? | A USCIS guideline to determine if applicants are truthful about their marriage. Applying for a green card within 90 days of entering the US may lead to application denial and visa revocation. |
| What is the process for a non-US citizen to marry a US citizen? | Get married outside the US and apply for a green card through a US embassy or consulate (consular processing). Or, have your future spouse enter the US on a K1 Fiance Visa and adjust their status to a green card holder. |
| What is marriage fraud? | A serious crime that involves paying for a fake marriage to gain immigration benefits. |
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What You'll Learn
Marriage visa services
For example, in the United States, foreign students on an F-1 visa who marry a US citizen can apply for a marriage-based green card, also known as "Adjustment of Status". This process allows the student to legally live and work in the US with their spouse. However, it is important to note that applying for a green card too soon after entering the US may raise suspicions about the authenticity of the relationship. To overcome this, students can provide evidence of strong ties to their home country, such as a job offer or property ownership.
Alternatively, if a foreign student intends to marry a US citizen, they may first apply for a K-1 Fiancé(e) Visa, which allows them to enter the US for the sole purpose of getting married. Once married, the student can then apply for Adjustment of Status to become a Legal Permanent Resident. This process requires filing a Form I-129F, Petition For Alien Fiancé(e), and meeting certain requirements, such as intending to marry within 90 days of entering the US.
Similarly, in the United Kingdom, individuals wishing to marry in the country can apply for a Marriage Visitor Visa, which allows them to stay for up to six months. This visa does not require individuals to be married within a specific timeframe, but they must use a licensed venue for the marriage.
Seeking legal assistance from organisations like the Law Offices of Jeffrey C. Pettys, which offers over 20 years of experience in obtaining K1 Fiancé(e) Visas, CR1 and IR1 Marriage Visas, and Green Cards, can be invaluable in navigating the complex visa processes for students wishing to marry international students.
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Marriage-based green cards
International students in the United States on an F-1 visa are permitted to get married and apply for a marriage-based green card. This process is known as "Adjustment of Status".
Applying for a Marriage-Based Green Card
The first step in applying for a marriage-based green card is to file Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services (USCIS). The purpose of this form is to establish that the marriage is genuine and not undertaken solely for the purpose of obtaining a green card. The processing time for Form I-130 is currently 9.2 months, and the application cost is $3005 for couples living in the U.S. and $1340 if one or both spouses live outside the country.
Once Form I-130 is approved, the applicant will receive a priority date, which determines their place in line for the green card application. At this point, the applicant can submit Form I-485, Application to Register Permanent Residence or Adjust Status, to apply for their green card.
It is important to note that if the applicant is an F-1 student married to a green card holder, the process may take longer than expected due to delays in the system.
Supporting Documentation
In addition to the required forms, applicants will need to submit supporting documentation, including:
- Required fees
- Marriage certificate
- Evidence of the termination of any previous marriages
- Birth certificates
- Photographs taken according to USCIS specifications
Common Concerns
One common concern for international students applying for a marriage-based green card is the 90-day rule. Immigration officers may become suspicious if a student applies for a green card before they have been in the U.S. for more than 90 days, as this could indicate that the student never intended to leave after their studies. To overcome this suspicion, applicants can provide evidence of strong ties to their home country, such as a job offer or property ownership.
Another concern is the length of the marriage. While there is no minimum marriage length required for a green card, newer marriages may face more scrutiny, and couples may need to provide additional evidence of a bona fide marriage.
Employment Authorization
Once the marriage-based green card application has been submitted, the applicant will receive an Employment Authorisation Document (EAD) within approximately 150 days, allowing them to take any kind of employment in the U.S. without the restrictions typically placed on F or J non-immigrants.
In summary, while the process of obtaining a marriage-based green card as an international student can be complex and time-consuming, it is a viable pathway to permanent residency in the United States for those who are married to U.S. citizens or lawful permanent residents.
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Legal permanent residency
International students studying in the United States on an F-1 or J-1 visa can marry and immigrate to the United States. However, the process of obtaining legal permanent residency can be complex and may require legal assistance.
F-1 Visa Holders
F-1 Visas are issued to international students who wish to enter the United States to study at academic institutions. F-1 Visa holders can marry while in school and apply for a change of status without seeking a waiver. They can remain in the United States and apply for a marriage-based green card.
To obtain a green card, F-1 Visa holders must submit a marriage-based green card application, which includes Form I-130 (Petition for Alien Relative) and Form I-485 (Application to Register Permanent Residence or Adjust Status). They may also need to provide supporting documents, such as birth certificates, marriage certificates, and passport photos. Once the application is submitted, F-1 Visa holders will receive a new work permit, allowing them to work for any US employer.
It is important to note that F-1 Visa holders should not overstay their visa and must maintain valid immigration status during their stay in the United States.
J-1 Visa Holders
J-1 Visas are issued to exchange visitors, including students, who are participating in approved programs. Certain classes of J-1 Visa holders are subject to a two-year residency requirement after completing their studies. This means that they must return to their home country for at least two years before obtaining an adjustment of status based on marriage to a US citizen or permanent resident.
Under certain circumstances, such as extreme hardship for the spouse or child of the J-1 Visa holder, the two-year residency requirement may be waived. J-1 Visa holders can then follow a similar process as F-1 Visa holders to obtain legal permanent residency through marriage.
General Considerations
Regardless of the visa type, international students must ensure that their marriage is legally valid in the United States. They should also be prepared to provide proof of a genuine relationship and meet all requirements for obtaining a green card, including proof of citizenship, income, and payment of fees.
Additionally, marriage fraud or the intent to fraudulently immigrate to the United States is taken very seriously, and individuals may face legal consequences if found guilty.
In conclusion, while international students can marry and obtain legal permanent residency in the United States, the process varies depending on their visa type and individual circumstances. Seeking legal assistance can help navigate the complexities of the immigration process.
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Visa status adjustments
Marriage-based green cards are available for international students who marry US citizens or permanent residents. However, the process can be complicated and lengthy, and it is important to be aware of the various requirements and restrictions.
Firstly, it is crucial to understand the timing of filing for a status adjustment. Applying too early after entering the US can lead to suspicion from immigration authorities, who may question the authenticity of the marriage. The "90-day rule" is a guideline used by immigration officers to determine the validity of a marriage, and applying for a green card before this period may raise red flags. On the other hand, filing when out of status will also reduce the chances of approval.
For students on an F-1 visa, there are two main pathways to obtaining a marriage-based green card. The first is to marry a US citizen, and the second is to marry a green card holder. In both cases, the student must file the appropriate forms with USCIS before their F-1 visa expires. The process for spouses of green card holders is currently facing delays. The date of filing becomes the priority date, and an earlier priority date generally results in a shorter wait time.
Students with an F-1 visa who are already on Optional Practical Training (OPT) or a STEM OPT extension may have additional considerations. These students likely have an Employment Authorization Document (EAD) that allows them to work in the US, and this document can remain valid during the green card application process.
International students marrying other international students will face a different set of challenges. They will need to explore the identification requirements for applying for a marriage license, typically including valid passports and birth certificates.
It is important to note that marriage does not automatically guarantee a change in immigration status or permanent residency. The process of adjusting one's visa status can be stressful and uncertain, and legal assistance is often recommended to navigate the complexities.
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Marriage fraud
International students marrying US citizens or permanent residents can bring several benefits, such as financial stability and an easier path to citizenship. However, this has also led to marriage fraud, where individuals enter into a fraudulent marriage solely for immigration benefits. In the United States, immigration officers use the 90-day rule to determine the authenticity of a marriage. If a foreign student applies for a marriage-based green card within 90 days of entering the US, it raises suspicion that they intended to immigrate rather than study. To overcome this, students must demonstrate strong ties to their home country, such as job offers or property ownership.
In Canada, international students have been targeted by sham marriage schemes, where families advertise for brides to marry their sons, who then gain spousal visas. Canada's Express Entry System, which awards points for a Canadian education, has also created an incentive for fraudsters to exploit the system. Similarly, in the United Kingdom, marriage fraud involving students has been reported, with individuals attracted to the financial stability and citizenship benefits of marriage.
To avoid marriage fraud, individuals should be cautious when meeting potential partners online or through matchmaking services. They should also be aware of the red flags, such as a focus on immigration status or a lack of interest in the relationship beyond the initial marriage. Additionally, it is important to remember that overstaying a student visa can create significant problems and complicate the process of adjusting one's status in the future.
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Frequently asked questions
Yes, international students can get married in the US, but they will need legal help to become a Lawful Permanent Resident. They will also need to explore the kind of identification required to apply for a marriage license. In most cases, a valid passport and a birth certificate are enough to prove one's identity.
Yes, an international student can marry a US citizen. If the student is on an F-1 visa, they must file the appropriate forms with USCIS before their F-1 visa expires. Applying for a marriage-based green card to stay and live legally in the US with a US citizen spouse is called "Adjustment of Status".
The 90-day rule is a USCIS guideline used to determine whether couples are truthful about their marriage. If a couple applies for a green card before they have been in the US for more than 90 days, it raises red flags for immigration officers. Temporary visa holders who marry or apply for a green card within 90 days of entering the US could find their applications denied and their current visas revoked.
