Savanna Hoffman
International students studying in the US who wish to get married or are already married to a US citizen or green card holder can apply for a marriage-based green card to continue living with their spouse in the US. The process of transitioning from an F-1 student visa to an immigrant visa (green card) is called Adjustment of Status. The process can be tricky, with various eligibility requirements and potential issues, such as the 90-day rule, which raises red flags for immigration officers if a green card is applied for before spending at least 90 days in the US.
| Characteristics | Values |
|---|---|
| Impact on immigration status | Marriage does not change immigration status |
| Visa requirements | A valid passport and birth certificate are required for identification |
| Visa complications | Change in visa status, long visa processes, and uncertainty about the future |
| Green card process | "Adjustment of Status"; filing Form I-485 and Form I-130 |
| 90-day rule | Applying for a green card within 90 days of entering the U.S. may raise suspicion |
| Financial implications | Married couples may have a financial advantage compared to singles |
| Marriage recognition | The marriage may not be recognized in the student's home country |
| Naturalization approach | Obtaining a green card through naturalization can be complicated |
| Work permit | A new work permit (EAD) can be obtained within 150 days of applying for a green card |
| Medical examination | A USCIS-certified surgeon conducts an exam to verify the absence of communicable diseases, substance abuse, or conditions requiring government support |
| Marriage scams | Marriage fraud is a serious crime that can lead to prosecution, fines, imprisonment, and deportation |
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What You'll Learn
Marriage does not change immigration status
Marriage does not automatically change an international student's immigration status. Marrying a US citizen or permanent resident does not guarantee a change in an international student's immigration status. An international student must still go through the appropriate legal processes and meet the necessary requirements to adjust their immigration status.
International students who marry a US citizen or permanent resident may be eligible to apply for a change of status from a non-immigrant F-1 visa to an immigrant visa, such as a marriage-based green card. However, marriage alone does not grant this change in status, and the student must follow the necessary legal procedures.
The process of adjusting status can be complex and involves various steps and requirements. One crucial consideration is the timing of the marriage and the application for a change of status. Immigration authorities are cautious about applications made shortly after the student's arrival in the country, as this may indicate an intention to circumvent regular immigration procedures.
The 90-day rule is a critical aspect of the process. This rule states that if an international student applies for a marriage-based green card within 90 days of their last entry into the US, immigration officials may suspect that the student entered the country with the hidden intention of staying permanently. To avoid this presumption, it is advisable to wait at least 90 days after entering the US before getting married and initiating the green card application process.
Another important factor is proving the authenticity of the marriage. Immigration authorities may scrutinize marriages to ensure they are not entered into solely for immigration purposes. Couples must provide documentation, such as birth certificates, marriage certificates, and passport photos, to establish the validity of their relationship. Additionally, demonstrating strong ties to one's home country, such as a job offer or close family connections, can help dispel suspicions of immigration fraud.
In summary, while marriage does not automatically change an international student's immigration status, it provides an opportunity to apply for a change of status through the appropriate legal channels. The process involves careful consideration of timing, adherence to rules and regulations, and providing sufficient evidence to support the authenticity of the marriage and one's intentions.
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The process of obtaining a green card
Marriage can have a significant impact on international students studying in a country like the United States, where it can affect their visa status and potentially their long-term residency. Marriage-based green cards are available to international students, but the process can be complex and time-consuming. Here is a step-by-step guide on how an international student can obtain a green card through marriage:
Step 1: Understanding Eligibility
To be eligible for a marriage-based green card, international students must be legally married to either a U.S. citizen or a green card holder. The marriage must be bona fide (genuine) and not solely for the purpose of obtaining immigration benefits. Additionally, the student must have entered the U.S. legally, typically with a valid F-1 student visa, and maintained their F-1 status during their stay.
Step 2: Filing Petition for Alien Relative
The U.S. citizen or green card holder spouse must file Form I-130, known as the Petition for Alien Relative, with the U.S. Citizenship and Immigration Services (USCIS). This form establishes the qualifying relationship between the spouses and proves the marriage's authenticity. The filing fee for Form I-130 is $675. Once approved, the applicant will receive a priority date for their green card application.
Step 3: Visa Number and Filing Form I-485
If the international student's spouse is a U.S. citizen, a visa number is immediately available. However, if the spouse is a green card holder, there will be a waiting period before the visa number is assigned. With the visa number, the student can then file Form I-485, the Application to Register Permanent Residence or Adjust Status. This form allows the student to adjust their status from a nonimmigrant student to a permanent resident based on their marriage. Form I-485 must be filed while the student's F-1 visa is still valid.
Step 4: Supporting Documents and Interviews
Along with Form I-485, the student must submit supporting documents, including birth certificates, marriage certificates, passport photos, and other relevant records. USCIS may also interview the spouses separately or together to assess the authenticity of their marriage. They may inquire about their relationship, daily routines, and future plans, ensuring that the marriage is bona fide and entered into in good faith.
Step 5: Receipt of Green Card
Once the marriage-based green card application is approved, the physical green card will typically arrive within two months. The initial green card is usually conditional and valid for two years. To obtain a permanent green card, the spouses must jointly petition to remove the conditions within 90 days before the conditional green card expires.
It is important to note that the process can vary depending on individual circumstances, and seeking legal advice from an immigration attorney is always recommended. Additionally, the information provided here is specific to the United States and may not apply to other countries with different immigration laws.
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Marriage for papers scam
In the United States, for instance, international students on an F-1 visa can marry a US citizen. However, they must file the appropriate forms with USCIS before their visa expires and apply for a marriage-based green card. If they apply for the green card too soon after entering the country, it may raise suspicions that they always intended to stay permanently. To avoid this, it is recommended to wait at least 90 days after their last entry before getting married and filing the application.
Similarly, in the United Kingdom, marriage for papers scam has been on the rise, with half of all marriage fraud cases involving individuals who initially entered the country as students. International students in the UK can convert their student visa to a spouse visa, which offers more benefits, including no work restrictions and greater financial stability. However, unlike a legal marriage, a sham marriage can have devastating consequences, including deportation and legal penalties.
The case of Olufemi, an international student in the United States, illustrates the risks of marriage for papers scams. Facing the expiration of his student visa, Olufemi paid $15,000 to a notario named Aron, who arranged a fraudulent marriage with a woman of Jamaican descent. The marriage lasted only six months before Olufemi was deported. Aron facilitated the submission of fake immigration and marriage documents, including photos, to support the scam.
To combat marriage for papers scams, authorities in various countries have implemented measures such as guidance for clergy to identify and prevent sham marriages and penalties for those involved, including imprisonment, fines, and deportation. It is important to note that marriage does not automatically grant immigration status, and individuals involved in such scams may face prosecution and severe consequences.
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The 90-day rule
If an international student on an F-1 visa applies for a marriage-based green card (Form I-485) within 90 days of their last entry into the US, immigration officials may suspect that the student originally entered with the hidden intention of staying permanently. This can negatively impact their green card application. To avoid this, it is recommended that international students wait at least 90 days after their last entry into the US before getting married and filing for a green card.
It is crucial to note that the 90-day rule does not apply to Form I-130 (Petition for Alien Relative), which can be filed before or after the 90-day period without triggering the rule. However, if an individual files Form I-130 and then travels abroad and returns with F-1 status, they may encounter difficulties re-entering the US. Immigration officers may suspect that the individual intends to live in the US permanently, which conflicts with the temporary nature of the F-1 visa.
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Visa and green card complications
Marriage can significantly impact an international student's visa and green card status, leading to potential complications. International students on an F-1 visa who marry a US citizen or permanent resident (green card holder) can apply for a marriage-based green card to continue living legally in the US with their spouse. This process is known as "adjustment of status". However, several factors and complexities can arise during this transition, and it is essential for students to be aware of these potential challenges.
Firstly, timing is critical. International students must ensure that they file the appropriate forms with USCIS before their F-1 visa expires. Applying for a status adjustment too early or too late can arouse suspicion from government officials, leading to potential issues. Additionally, there is a 90-day rule that immigration officers consider when determining the authenticity of a marriage. Applying for a green card before spending at least 90 days in the US may raise red flags and cause complications in the process.
The type of green card received, whether temporary or permanent, depends on how long the couple has been married when their application is approved. This variability adds another layer of complexity to the process. Additionally, if an international student marries another international student, they must navigate the requirements for obtaining a marriage licence, which typically includes providing valid passports and birth certificates.
Another critical aspect is proving the authenticity of the marriage. Marriage fraud is a serious concern in the US, and the government scrutinises marriage-based green card applications closely. Applicants must provide extensive documentation, including birth certificates, marriage certificates, passport photos, and other supporting evidence, to establish the legitimacy of their relationship. A medical examination and an immigration interview are also part of the adjustment of status process.
The sponsoring spouse, whether a US citizen or a green card holder, initiates the process by filing Form I-130 (Petition for Alien Relative) with USCIS. If the spouse is a US citizen, their partner can immediately apply for a change of status by filing Form I-485 concurrently with Form I-130. However, if the spouse is a green card holder, there is typically a waiting period for a visa number, and the process may take significantly longer.
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Frequently asked questions
The process of getting married in the US as an international student can be complicated. If you are on an F-1 visa and want to get married to a US citizen, you must file the appropriate forms with USCIS before your F-1 visa expires. The process of applying for a marriage-based green card to live legally in the US with your spouse is called "Adjustment of Status".
There are several challenges that international students may face when getting married in the US. One major challenge is the long and complex visa process, including the "Adjustment of Status" process. There is also the uncertainty about the future, as well as the stress of navigating these processes while living in a foreign country. Additionally, international students must be aware of the 90-day rule, which allows immigration officers to determine whether couples are truthful about their marriage. Filing for status adjustment at the wrong time can also raise red flags and make your intentions suspicious.
The requirements for obtaining a marriage-based green card as an international student depend on whether you are married to a US citizen or a green card holder. You must have entered the US legally, maintained your F-1 status during your stay, and be able to prove the authenticity of your relationship. You will need to undergo a medical examination and an immigration interview as part of the adjustment of status process. The specific forms and documentation required will vary depending on your spouse's citizenship status.
