Douglas Olsen
Getting married as an international student comes with its own set of challenges. While it is possible to fall in love and get married while studying abroad, the process of adjusting one's student visa to a spouse visa can be complex and stressful. This is especially true when both partners are international students, as they must navigate the requirements for a marriage licence and face uncertainties about their future together. Marriage fraud is a serious crime, and those seeking to exploit the system through fake marriages can face severe consequences. For genuine couples, the process of obtaining a marriage-based green card or permanent residency can be time-consuming and filled with legal complexities, requiring strong evidence of a bona fide relationship.
| Characteristics | Values |
|---|---|
| Location | United States, United Kingdom, Canada |
| Student visa type | F-1, J-1, Tier 4 |
| Spouse visa type | Marriage-based green card, spouse visa |
| Spouse citizenship | US citizen, green card holder |
| Time since last entry to the US | Wait at least 90 days before applying for a green card |
| Marriage type | Same-sex, opposite-sex |
| Age | Above 18 |
| Documents required | Valid passport, birth certificate, Form I-485, Form I-130, Form I-751 |
| Other requirements | Proof of intention to return to home country, proof of relationship authenticity |
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What You'll Learn
Marriage-based green card process
Marriage-based green cards are available to international students in the US who are married to US citizens or permanent residents. The process of obtaining a marriage-based green card can be complex and may vary depending on individual circumstances. Here is a step-by-step guide to help you understand the process:
Step 1: Understanding Eligibility
To be eligible for a marriage-based green card, you must be married to a US citizen or a permanent resident. Your marriage must be legally valid, and you must have entered the United States legally, such as through an F-1 student visa. It is important to maintain your F-1 status during your stay in the US.
Step 2: Timing of Application
The timing of your application is crucial. Filing for status adjustment too early or late can raise suspicions about your intentions. The 90-day rule is an important guideline to consider. Applying for a green card before you have been in the US for more than 90 days may lead to increased scrutiny from immigration officers.
Step 3: Form I-130
If you are married to a US citizen, they will need to file Form I-130, the "Petition for Alien Relative," with the United States Citizenship and Immigration Services (USCIS). This form proves that your marriage is authentic and not solely for immigration purposes. The USCIS may request additional evidence to support your application.
Step 4: Form I-485
Once Form I-130 is approved, you can file Form I-485, the "Application to Register Permanent Residence or Adjust Status." This form allows you to apply for a green card based on your marriage. You will need to submit supporting documents, such as birth certificates, marriage certificates, and passport photos. Form I-485 has a filing fee, which you must submit unless you are exempt or eligible for a waiver.
Step 5: Medical Examination
As part of the adjustment process, you will need to undergo a medical examination by a USCIS-certified surgeon. This examination verifies that you do not have any communicable diseases, substance abuse disorders, or conditions that may cause you to become dependent on government support.
Step 6: Approval and Waiting Period
The approval rates for marriage-based green cards vary but generally range from 84.5% to 90.4%. However, newer marriages may face more scrutiny, and the government will focus on determining whether the marriage is genuine. Couples who haven't been married for long may need to provide more evidence of a bona fide marriage. The waiting period for your green card depends on your priority date, which is the date your spouse files the petition. An earlier priority date typically results in a shorter wait time.
Step 7: Travel Considerations
While your green card is being processed, you can travel outside the US with a travel permit. However, travelling without a permit may impact your green card process. USCIS may assume that you have abandoned your application, and you may encounter issues when re-entering the US.
It is important to note that the process can be more challenging if both partners are international students, and specific guidelines may vary based on your country of origin. Additionally, if your marriage ends before you receive your marriage-based green card, your eligibility for the green card may be affected.
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Adjustment of status
To apply for Adjustment of Status, you must submit a comprehensive package to USCIS that emphasises the legitimacy of the marital relationship and the applicant's eligibility for adjustment of status. The two main forms are:
- Form I-485, Application to Register Permanent Residence or Adjust Status
- Form I-130, Petition for Alien Relative
It is important to note that there is a 90-day rule that immigration officers use to determine whether couples are truthful about their marriage. Applying for a green card before you have been in the US for more than 90 days raises red flags for immigration officers.
Additionally, if you need to travel outside of the US while your green card is being processed, you will need to obtain a travel permit. Failure to do so will affect your green card process, and the USCIS will assume that you have abandoned your application.
The adjustment of status process can be complicated and time-consuming, and it is recommended to consult an immigration attorney for guidance.
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Marriage fraud
International students may be attracted to the perceived financial stability and pathway to citizenship that marriage to a local resident can offer. However, marriage fraud is a serious crime that can carry severe penalties, including imprisonment, fines, and deportation.
In the United States, marriage fraud is a growing concern, with cases of both international students and citizens found to be involved in fraudulent marriages for immigration purposes. To combat this, the USCIS has implemented a 90-day rule, which raises red flags if an individual applies for a green card shortly after arriving in the country. Additionally, the USCIS works with agencies like ICE and NVC to prevent marriage fraud and actively prosecutes those involved in such schemes.
In the United Kingdom, half of all marriage fraud immigration cases involve individuals who initially entered the country as students. International students in the UK may be tempted by the prospect of converting their student visa to a spouse visa, which offers more favourable work and travel conditions. However, it is important to note that marriage fraud is a serious offence in the UK as well.
Canada has also seen cases of marriage fraud involving international students. While the marriage procedure for international students is similar to that of Canadian citizens, fraud can have serious consequences.
Overall, while marriage may offer certain benefits to international students, engaging in marriage fraud can have significant legal and personal repercussions. It is important for individuals to carefully consider the potential risks and consequences before entering into any marriage, especially if there are suspicions of fraud.
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Travel restrictions
If you are an international student on an F-1 visa who gets married to a US citizen or legal permanent resident, you may be able to keep working while your green card application is pending, as long as you have valid employment authorisation based on your F-1 status. However, you will need to be aware of travel restrictions during this period.
If you need to travel outside the US while your green card application is being processed, you will need to get a travel permit, also known as an Advance Parole. Without this document, your green card application will be considered abandoned, and you may have issues re-entering the US.
If you have filed Form I-130 and then travel abroad on your F-1 visa, you may have trouble re-entering the US. This is because immigration officers have a lot of discretion when screening travellers. If they discover that you have a spouse in the US, they may suspect that you intend to live in the US permanently, which would conflict with the terms of your temporary F-1 visa. In this case, they may deny you entry or revoke your F-1 visa, and you would likely have to return to your home country.
The timing of your green card application is also important. If you apply for a green card before you have been in the US for more than 90 days, this will raise red flags for immigration officers. They may assume that you originally entered on your student visa while intending to stay permanently, which can hurt your application. It is therefore best to wait at least 90 days after your last entry into the US before getting married and filing your green card application.
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Visa requirements
International students in the United States on an F-1 visa are permitted to get married. However, if they wish to transition to a marriage-based green card, there are several requirements and considerations to keep in mind.
Firstly, it is important to be mindful of the timing of the marriage and subsequent green card application. Immigration officers adhere to the 90-day rule, which means that applying for a green card within 90 days of entering the US may lead to suspicion that the student never intended to leave after their studies. Overcoming this presumption of "willful misrepresentation" can be challenging, so it is advisable to wait at least 90 days after entering the US before getting married and filing the green card application.
During the application process, the student must maintain lawful F-1 status and provide documentary evidence of their marriage. They will also need to undergo a medical examination by a USCIS-certified surgeon to verify that they do not have any communicable diseases, substance abuse disorders, or conditions that could lead to dependence on government support.
If the student's spouse is a US citizen, they may apply for adjustment of status even if their F-1 visa has expired. However, if the spouse is a permanent resident, they may need to apply from abroad. Additionally, while the green card application is pending, the student can continue working if they have valid employment authorization based on their F-1 status. If this authorization expires before the green card is approved, they must apply for a work permit based on their pending I-485 application.
Travel restrictions also apply during the green card application process. The student cannot travel outside the US without an Advance Parole document, or their application will be considered abandoned.
It is important to note that the process of adjusting from an F-1 visa to a marriage-based green card can be complicated, and it is recommended to consult an immigration attorney for specific guidance.
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Frequently asked questions
The process of getting married as an international student in the US involves several steps, including:
- Filing the appropriate forms with USCIS before your student visa expires.
- Applying for a marriage-based green card, also known as "Adjustment of Status".
- Complying with the 90-day rule to avoid raising red flags with immigration officers.
- Providing valid identification, such as a passport and birth certificate.
- Undergoing an interview process to validate the authenticity of the marriage.
Yes, there are risks and challenges to consider:
- Marriage fraud is a serious crime that can lead to prosecution, imprisonment, fines, and deportation.
- Changes in visa status, lengthy immigration processes, and uncertainties about the future can cause stress.
- There may be restrictions on travel and work while the green card application is pending.
- Obtaining a green card through marriage does not guarantee permanent residency.
Getting married as an international student in the US can impact your visa status:
- You may be able to transition from a student visa to a spouse visa, which offers more flexibility.
- A marriage-based green card application may raise suspicions about your original intentions for entering the country.
- You will need to prove your relationship is genuine and provide evidence of commitments in your home country.
- Overstaying your student visa can create additional complications and is generally not advised.
Here are the key steps for an international student to obtain a marriage-based green card in the US:
- File Form I-130, the family sponsorship form, or "Petition for Alien Relative".
- Wait at least 90 days after entering the US before getting married and filing Form I-485, the green card application.
- Undergo an interview with USCIS to validate the authenticity of your marriage.
- Receive your conditional green card and, if applicable, apply to remove conditions of residence after a certain period.
- Consult an immigration attorney or legal service provider specializing in marriage-based green card applications.
