Douglas Olsen
International students on an F-1 visa can get married in the US, but they will need to take steps to adjust their legal status if they wish to remain in the country with their spouse. The process for adjusting an F-1 visa to a green card can be complicated and time-consuming, and it may be difficult to prove that the intention to immigrate was not the reason for the original visa application. However, it is possible to adjust status without returning to one's home country, even if the F-1 visa has expired.
| Characteristics | Values |
|---|---|
| Visa type | F-1 Visa, J-1 Visa, K-1 Visa |
| Applicability | Foreign students marrying US citizens or permanent residents |
| Process | Filing for Adjustment of Status, submitting forms (I-485, I-130, I-765, I-131), providing evidence of bona fide marriage |
| Timing | Wait at least 90 days after last US entry to avoid "immigrant intent" suspicion |
| Work authorization | Unauthorized employment won't prevent a green card if married to a US citizen |
| Delays | Delays in processing times, especially for spouses of green card holders |
| Visa expiration | Complications if F-1 visa expires before applying for a green card |
| Visa violation | Accusations of visa violation can complicate the case |
| Return to home country | May need to return to the home country and apply for a K-1 Fiancée or CR1/IR1 Marriage Visa |
| Legal assistance | Recommended due to process complexity |
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What You'll Learn
Marriage-based green card process
Marriage is a beautiful thing, but it can get complicated when it involves an international student. If you are an international student in the US and you get married, you will need to explore the identification requirements for obtaining a marriage licence. Typically, a valid passport and a birth certificate are enough to prove your identity. However, it is important to note that marriage does not automatically change your immigration status.
If you are an international student in the US and you marry a US citizen, you may be eligible to apply for a marriage-based green card. This process is known as "Adjustment of Status" (AOS). Here is a step-by-step guide to help you understand the marriage-based green card process:
Step 1: Eligibility
To be eligible for Adjustment of Status, you must meet the following requirements:
- You must be legally married to a US citizen.
- You must have entered the US legally and currently hold a valid F-1 student visa.
- You must not have violated the terms of your F-1 visa (e.g., by working off-campus without authorization).
- You must be admissible to the United States, meaning you do not have any disqualifying factors such as a criminal history or certain medical conditions.
Step 2: Filing Form I-485
The primary form required for Adjustment of Status is Form I-485, Application to Register Permanent Residence or Adjust Status. This form should be filed with the US Citizenship and Immigration Services (USCIS). Along with the form, you must submit supporting documents, including identification documents, proof of marriage, financial documents, and a medical examination report. Any missing or incorrectly filed forms can delay or jeopardize your application.
Step 3: Work Authorization
While your Adjustment of Status application is pending, you can file Form I-765, Application for Employment Authorization. This will allow you to work legally in the US during the processing time.
Step 4: Travel Permission
If you plan to travel outside the US during the process, you must obtain advance parole to re-enter the country. Leaving the US without advance parole before your green card is issued could negatively impact your application.
Step 5: Interview
As part of the Adjustment of Status process, you will likely be scheduled for an interview with a USCIS official. The purpose of the interview is to review your paperwork, ensure your admissibility, and confirm that your marriage is genuine and not a sham to obtain a green card.
Step 6: Approval and Permanent Residency
After the interview, USCIS will notify you of their decision. If your application is approved, they will stamp your passport to indicate that you are now a lawful Permanent Resident of the United States. You will receive your physical green card in the following weeks.
Please note that the marriage-based green card process can be complex, and it is recommended to consult with an immigration attorney to guide you through the specific steps and requirements based on your unique circumstances.
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Proving relationship authenticity
International students on an F-1 visa who marry a US citizen or legal permanent resident can apply for a marriage-based green card through a process called "Adjustment of Status". However, they must prove that their relationship is authentic and not a sham to obtain a green card. Here are some ways to prove the authenticity of the relationship:
Demonstrate Strong Ties to Your Home Country
Provide clear evidence of commitments or ties to your home country before your marriage. This could include a job offer or internship awaiting your return, property or business ownership, or close family ties. Demonstrating strong connections to your home country can help overcome any suspicion that you never intended to leave the US after your studies.
Avoid the 90-Day Rule
US immigration officials may presume that you misrepresented your intentions and had no plan to return to your home country if you apply for a marriage-based green card within 90 days of your last entry into the US. Therefore, it is advisable to wait at least 90 days after your most recent entry before getting married and filing your green card application.
Maintain Valid Immigration Status
Ensure that you maintain a valid immigration status by having a valid visa, such as an F-1 student visa, until you file your green card application. Violating the terms of your student visa, such as working off-campus without authorization, can render it void, and you may be expected to leave the country immediately.
Seek Legal Help
The paperwork and process of adjusting your status can be extensive and complicated, so it is recommended to seek legal help. A lawyer can guide you through the process, especially if there is any complexity or chance that you violated the terms of your student visa. They can help you navigate the various forms, such as Form I-130 (Petition for Alien Relative) and Form I-485 (Application to Register Permanent Residence or Adjust Status).
Provide Proof of Identification for Marriage License
When applying for a marriage license, you will typically need to provide proof of identification. A valid passport and birth certificate are commonly accepted forms of identification.
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Temporary vs. permanent green cards
International students in the United States on an F-1 visa are permitted to get married. If an international student marries a U.S. citizen or permanent resident, they may be able to apply for a marriage-based green card to stay and live with their spouse in the U.S. This process is known as "adjustment of status".
To apply for a marriage-based green card, the student must file the appropriate forms with the U.S. Citizenship and Immigration Services (USCIS) before their F-1 visa expires. The main forms required include Form I-130 (Petition for Alien Relative) to be filled out by the U.S. citizen or permanent resident spouse, and Form I-485 (Application to Register Permanent Residence or Adjust Status) to be filled out by the student. Additionally, a government-issued marriage certificate, evidence of termination of previous marriages, birth certificates, photographs, and other USCIS forms are required.
It is important to note that marriage does not automatically grant a change in immigration status, and the process of obtaining a green card can be complex and lengthy. There is also a risk of visa denial upon re-entry to the U.S. after marriage, as it raises questions about the intention to return to one's home country.
A green card, officially known as a Permanent Resident Card, allows a non-U.S. citizen to live and work permanently in the United States. While a green card is typically associated with permanent residency, there are certain circumstances where an individual may be eligible for a temporary green card.
The K-1 visa, also known as the fiancé(e) visa, is a type of temporary visa that allows the fiancé(e) of a U.S. citizen to enter the United States for a period of 90 days, during which the couple must marry. After a bona fide marriage, the K-1 visa holder can apply for a temporary green card by filing Form I-485. This temporary residency status is granted for two years on a conditional basis, and the couple must meet additional requirements and file Form I-751 to remove the conditions and obtain permanent residency.
In contrast, a permanent green card does not have an expiration date and allows the holder to remain in the United States indefinitely. To obtain a permanent green card through marriage, the couple must have been married for more than two years when their Form I-485 is approved. The process involves extensive paperwork, interviews, and proof of the authenticity of the marriage. Obtaining a permanent green card through marriage typically takes several months to years, depending on various factors.
It is important to consult official government sources or seek legal advice for the most accurate and up-to-date information regarding temporary and permanent green cards in the United States.
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Adjustment of status forms
As an international student, getting married in the US can lead to a change in visa status and a lengthy visa process. If you are an F-1 visa student who has married a US citizen, you may be eligible to apply for Adjustment of Status to obtain lawful permanent resident status, also known as a green card.
The primary form to apply for Adjustment of Status is Form I-485, Application to Register Permanent Residence or Adjust Status. This form should be filed with U.S. Citizenship and Immigration Services (USCIS). Along with the form, you will need to submit supporting documents, such as identification documents, proof of marriage, financial documents, and a medical examination report. Any missing or incorrectly filed forms can significantly delay your case and may even lead to denial. Therefore, it is important to carefully follow the instructions and provide all the required documentation.
Additional Forms
In addition to Form I-485, there are other forms that may be submitted to establish or preserve employment eligibility and travel privileges:
- Form I-130, Petition for Alien Relative, which the U.S. citizen spouse fills out.
- Form I-765, Application for Employment Authorization, which allows the immigrant to obtain a work permit. This can be filed concurrently with the adjustment of status paperwork to establish work eligibility while the application is pending.
- Form I-131 can also be filed concurrently with the adjustment of status paperwork to allow for international travel privileges while the application is pending.
Biometrics Appointment
After filing Form I-485, you will receive a notice for a biometrics services appointment at a local Application Support Center (ASC) to provide your fingerprints, photograph, and/or signature. This is used to verify your identity and conduct required background and security checks.
Interview
As part of the Adjustment of Status process, you will likely be scheduled for an interview at a USCIS office. A USCIS official will review the paperwork and ensure that the immigrant is not inadmissible, for example, by checking for any criminal history or communicable diseases. Because this is a marriage-based case, the official will ask personal questions to ensure that the marriage is legitimate and not a sham to obtain a green card.
Timeline
The timeline for Adjustment of Status depends on your situation. The current processing time for adjustment of status after marriage is 9.5 months for the spouse of a US citizen and 35 months for the spouse of a US green card holder.
Legal Advice
It is recommended to consult with an immigration attorney to guide you through the Adjustment of Status process and ensure that all your documentation is in order. They can provide personalized advice based on your specific circumstances.
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Travel during application
If you are an international student on an F-1 visa and get married, you can apply for a marriage-based green card, also known as an "Adjustment of Status" (AOS). This process allows you to file the necessary paperwork and attend an interview with U.S. Citizenship and Immigration Services (USCIS).
However, there are a few important considerations regarding travel during the application process:
Travel Before Application:
- It is recommended to wait at least 90 days after your last entry into the U.S. before getting married and filing for a green card. This is known as the 90-day rule, and immigration officials may assume that you entered the country with the hidden intention of staying permanently if you apply sooner.
- If you apply within the first 90 days, you may still be able to prove that your intentions were genuine and that your plans changed due to marriage. You can do this by demonstrating strong ties to your home country, such as a job offer or property ownership.
- Once you have filed for a marriage-based green card, it is crucial to understand that travelling outside of the U.S. without an Advance Parole document will result in your application being considered abandoned.
- Therefore, if you need to travel during the application process, you must obtain an Advance Parole travel permit. This will allow you to leave the country without abandoning your green card application.
Travel After Receiving Green Card:
- After receiving your green card, you may be able to travel outside the U.S. However, it is important to note that there are restrictions on the length of your stay abroad.
- For example, certain classes of J-1 visa holders are subject to a two-year residency requirement after completing their studies. This means they must return to their home country for two years before obtaining an adjustment of status based on marriage.
In summary, while it is possible to travel during the marriage-based green card application process, it is essential to obtain an Advance Parole document to avoid any issues with your application. Additionally, be mindful of the 90-day rule before filing and any specific restrictions associated with your visa type.
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Frequently asked questions
Yes, you can get married on an F-1 visa.
Yes, provided you're careful to do it correctly.
If you apply for a marriage-based green card within 90 days of your last entry into the US, immigration officials may assume you originally entered on your student visa with the hidden intention of staying permanently.
You will need to file Form I-485, Application to Adjust Status, and submit several other forms and documents. This includes Form I-765 (Application for Employment Authorization) and Form I-131 (Application for Travel Document).
The type of green card you receive — temporary or permanent — will depend on how long you’ve been married to your spouse at the time your application is approved.
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