Lori Meadows
Getting married as an international student in the USA can be a complicated process. There are many factors to consider, such as visa statuses, long visa processes, and uncertainties about the future. If two international students with F-1 visas marry in the US, they can both remain full-time students or one may change to F2 status. However, this requires a marriage-based green card application, which can be a challenging process. It is important to note that marriage does not automatically change the visa status of either spouse. To obtain a marriage license in the US, one must visit the county clerk's office and provide proof of identification, typically a valid passport. The process of getting married in the US as an international student can be complex, but it is possible to navigate with proper guidance.
| Characteristics | Values |
|---|---|
| Can two international students marry in the USA? | Yes |
| What visa do international students need to marry in the USA? | F-1 visa |
| What happens to the visa status of two international students after marriage? | Their status will not change due to marriage. Both can remain full-time F1 students or one may change to F2 status. |
| What is the process to get married in the USA as an international student? | The process involves obtaining the correct visa, visiting the county clerk's office in the area where the marriage will take place, and providing the required documents, including proof of identification and residency. |
| What is the "90-day rule"? | A USCIS guideline used to determine the truthfulness of green card applicants who apply within 90 days of entering the U.S. |
| What is the process to obtain a green card after marriage? | The process is called "Adjustment of Status" and involves applying for a marriage-based green card. Alternatively, the couple can get married outside the U.S. and then apply for a green card through consular processing, or one spouse can obtain a K1 (fiancé) visa to enter the U.S. and adjust their status after marriage. |
| Can an F2 holder work? | F2 holders can do voluntary work for charitable or non-profit organizations as long as they do not receive payment. |
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Marriage-based green cards
If you are an international student in the U.S. on an F-1 visa, you can get married to a U.S. citizen. The law states that you must file the appropriate forms with USCIS before your F-1 visa expires. Applying for a marriage-based green card to stay and live legally in the U.S. with your spouse is called "Adjustment of Status".
The type of green card you receive, whether temporary or permanent, depends on how long you have been married when your application is approved. After submitting your marriage-based green card application, you will receive a new work permit (officially called the "Employment Authorisation Document", or EAD) within about 150 days.
The process of obtaining a marriage-based green card involves three steps:
- File Form I-130 to establish the marriage is genuine. The eligibility requirement is that the marriage must be legally valid and entered in good faith.
- File Form I-485 (Adjustment of Status) with USCIS if the foreign spouse lives in the U.S. For spouses of U.S. citizens, Form I-485 can be filed simultaneously with Form I-130, with processing typically taking 9.2 months. For spouses of green card holders, Form I-485 can only be filed when a visa becomes available according to the Visa Bulletin (wait times vary).
- Submit supporting documentation, including required fees, your marriage certificate, evidence of the termination of any previous marriages, birth certificates, and photographs taken according to USCIS specifications.
It is important to note that the cost of obtaining a marriage-based green card can be significant, with fees varying depending on the specific situation. For couples living in the United States, the application cost is $3005, while for couples with one or both spouses living outside the U.S., the cost is $1340.
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F1 visa status
International students in the United States on an F-1 visa can marry but will need to take several steps to adjust their status and remain in the country with their spouse.
Firstly, it is important to note that marriage does not change one's immigration status. If an international student marries another international student, they will need to explore the types of identification required to apply for a marriage licence. Typically, a valid passport and birth certificate are enough to prove identity. However, it is worth noting that the marriage may not be recognised in the couple's home country.
If an F-1 visa holder marries a US citizen, they may be eligible to apply for Adjustment of Status to obtain permanent resident status, also known as a green card. This process can take between 9.5 and 13 months. To be eligible, the following requirements must be met:
- The marriage must be legal.
- The F-1 visa holder must have entered the US legally and currently have a valid F-1 visa status.
- The terms of the F-1 visa must not have been violated.
- The applicant must be admissible to the United States, meaning they do not have any disqualifying factors such as a criminal history.
It is important to note that applying for a green card too soon after entering the US can be considered too early and may subject the applicant's intentions to suspicion. Immigration officers use the '90-day rule' to determine whether applicants are being truthful about their marriage and whether they wilfully misrepresented their intentions when entering the US. Therefore, it is best to wait at least 90 days after entering the US to get married and file a green card application.
To apply for a marriage-based green card, the US citizen spouse will need to file a Petition for Alien Relative (Form I-130) with USCIS. This form proves the authenticity of the relationship. The F-1 visa holder will then need to file the Application to Register Permanent Residence or Adjust Status (Form I-485) along with supporting documents, including birth certificates, marriage certificates and passport photos.
If the F-1 visa holder's spouse is a green card holder, obtaining a green card may take longer. In this case, the couple will first need to receive a visa number before applying for a marriage-based green card.
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F2 visa status
When two international students marry in the US, both can retain their F1 status. However, if one wishes to take time off from their studies or start a family, they may change to F2 status.
To apply for an F2 visa, the dependent must first receive an F2 Form I-20 from the relevant educational institution. They must then complete the DS-160 Nonimmigrant Visa Application and pay the visa application fee, before making a visa interview appointment. The F2 visa is valid for as long as the F1 visa holder maintains their status.
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K1 visa
If two international students on F1 visas marry in the US, their status will not change due to marriage. Both individuals can remain full-time F1 students, or one of them may change to F2 status. An F2 spouse cannot accept paid employment of any kind and cannot enrol in courses leading to a degree. However, they can take classes for other purposes, such as studying English or a hobby, and they can do voluntary work for a charitable or non-profit organisation.
Now, for the K-1 visa:
The K-1 visa is a non-immigrant visa for the foreign-citizen fiancé(e) of a US citizen. It permits the fiancé(e) to travel to the US and marry their US citizen sponsor within 90 days of arrival. To obtain a K-1 visa, the couple must intend to marry within 90 days of the fiancé(e) entering the US, and the marriage must be legally possible according to the laws of the US state in which it will take place. The marriage must be valid, meaning both parties have a bona fide intent to establish a life together, and the marriage is not solely for immigration purposes.
To apply for a K-1 visa, the US citizen must first file a Form I-129F, Petition for Alien Fiancé(e). This form is sent to the DOS National Visa Center (NVC), which forwards it to the US Embassy or consulate where the fiancé(e) will apply for the K-1 visa. The US Embassy or consulate will then notify the applicant when the visa interview is scheduled. The K-1 visa applicant must bring the required forms and documents to the interview. The DOS consular officer will determine whether the fiancé(e) qualifies for the K-1 visa. If granted, the K-1 visa is valid for up to 6 months for a single entry.
After arriving in the US on a K-1 visa, the foreign-citizen fiancé(e) can apply for adjustment of status to a permanent resident (Green Card) by filing Form I-485 with the Department of Homeland Security (DHS) and US Citizenship and Immigration Services (USCIS).
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Adjustment of status
Marriage between two international students in the USA is possible. However, their status will not change due to marriage. Both of them can remain full-time F1 students or one of them may change to F2 status. An F2 holder can travel in and out of the U.S. or remain in the country as long as their F2 visa is valid. They are not allowed to accept paid employment of any kind and cannot enrol in courses leading to a degree. They can, however, do voluntary work for a charitable or non-profit organization.
Applying for Adjustment of Status through marriage to a U.S. citizen requires submitting a comprehensive package to USCIS emphasizing the legitimacy of the marital relationship as well as the applicant's eligibility for adjustment of status. The two main forms are Form I-130 (Petition to Classify Status of Alien Relative for Issuance of Immigrant Visa) and Form I-485 (Application to Register Permanent Residence or Adjust Status). Form I-130 is filed by the U.S. citizen spouse (Petitioner) for their foreign national spouse (Beneficiary). Form I-485 is filed by the foreign national spouse. Depending on the U.S. citizen's location, Form I-130 is filed with USCIS or at an overseas location. If the U.S. citizen is a resident of the U.S. or is temporarily abroad, the form must be filed with the appropriate USCIS Service Center in the U.S. However, if the U.S. citizen is overseas, they can file the form with either a USCIS International Office or a U.S. Consulate.
Supporting documentation for Form I-485 usually includes the required fees, marriage certificate, evidence of the termination of any previous marriages, birth certificates, several other USCIS forms, and photographs taken according to USCIS specifications. Once Form I-485 is filed, USCIS will mail a notice for a biometrics services appointment at a local Application Support Center (ASC) to provide fingerprints, photographs, and/or signatures. The USCIS will then review the application and send a notice for an interview with the applicant and their spouse. The purpose of the interview is to confirm that the marriage is legitimate and based on the intention to spend life together. After the interview, it will take several weeks or longer to receive the alien registration receipt card ("Green Card").
It is important to note that once an application for adjustment of status has been filed, the applicant may not be able to depart the U.S. until advance parole is issued. If the application is denied, the decision notice will state the reason(s) for denial and whether the decision can be appealed. Generally, a denial of an adjustment of status application cannot be appealed, but the applicant may still be eligible to file a motion to reopen or reconsider.
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Frequently asked questions
Yes, but it can be a complicated process. Marriage does not change the students' F1 status, but it can result in a change of visa status for one or both partners.
Both students can remain full-time F1 students, or one may change to F2 status. An F2 visa holder cannot accept paid employment or enrol in courses leading to a degree. They can, however, do voluntary work for a charitable or non-profit organisation.
They will need to prove their identity, which is usually done with a valid passport and a birth certificate. They will also need to visit the county clerk's office in the area where they are getting married to obtain a marriage license.
The process is called "Adjustment of Status". If one partner is a US citizen, the other will need a green card to live with them. If both partners are living in the US, the non-citizen will need to transfer their temporary visa to a green card. If the non-citizen lives outside the US, they will need to get married outside the US and then apply for a green card through a US embassy or consulate.
