Marriage And International Students: Legal Status And Implications

If an international student falls in love and gets married while studying abroad, they will likely have to navigate a complex visa process, which can be stressful and time-consuming. The process varies depending on the country where they are studying and their spouse's citizenship status. For example, in the United States, an international student on a F-1 visa who marries a US citizen can apply for a Change of Status or Adjustment of Status to obtain a green card and remain in the country. However, there is a 90-day rule, and if a green card is applied for too soon after entering the country, it may be assumed that the student intended to stay permanently from the outset. This can hurt their application, and they may need to prove that their relationship is genuine.

Characteristics and Values Table for International Students Getting Married

Marriage to a US citizen

Enter the United States Legally:

Firstly, ensure that you have entered the United States legally with a valid F-1 student visa. This is a crucial first step, as it forms the basis for your future applications.

Maintain Valid Visa Status:

It is essential to maintain a valid immigration status by adhering to the terms of your F-1 visa. Working off-campus without authorization, for example, can violate the terms of your visa and render it void. Therefore, always ensure that you understand and comply with the conditions of your visa.

Marry Your US Citizen Spouse:

Marriage laws vary by state, so familiarize yourself with the local jurisdiction. Some states may require proof of local residency, blood tests, or other specific requirements. Remember that you must meet the usual restrictions on marriage, such as age and consent, and ensure that neither party is already married.

File Form I-130:

After your marriage, your US citizen spouse should file Form I-130, the "Petition for Alien Relative," with the US Citizenship and Immigration Services (USCIS). This form proves that your marriage is genuine and establishes the basis for your application.

File Form I-485:

Concurrent with the filing of Form I-130, you must file Form I-485, the "Application to Register Permanent Residence or Adjust Status." This form is your primary application for Adjustment of Status and should be submitted to USCIS. Along with this form, you will need to provide supporting documents, including identification, proof of marriage, financial records, and a medical examination report. Ensure that all your paperwork is in order and correctly filed to avoid delays or denial of your application.

Prepare for the Interview:

As part of the Adjustment of Status process, USCIS may schedule an interview to verify the authenticity of your marriage and assess your eligibility for a green card. During the interview, a USCIS official will review your paperwork and ask personal questions to confirm that your marriage is genuine and not a sham to obtain a green card. Be prepared to answer these questions truthfully and provide any additional documentation that may be requested.

Obtain Your Green Card:

If your application is approved, you will receive your green card. If you have been married for less than two years at the time of approval, you will initially receive a conditional green card valid for two years. Before this card expires, you must file Form I-751 to remove the conditions and obtain a 10-year permanent green card.

Consult an Immigration Attorney:

The immigration process can be intricate, and it is beneficial to consult an immigration attorney. They can provide personalized advice, ensure your documentation is in order, and guide you through the Adjustment of Status process, especially if there are any unique circumstances or complications in your case.

Remember, this process can be complex, and it is essential to be diligent and thorough at every step.

Marriage to a green card holder

If you are an international student on an F-1 visa and marry a US citizen or permanent resident, you may be eligible to apply for a green card through a process called "Adjustment of Status". This process allows you to adjust your status from a non-immigrant to an immigrant and obtain lawful permanent residence in the US. However, it is important to note that you must meet certain requirements to be eligible for Adjustment of Status. Firstly, you must be legally married to a US citizen or permanent resident. Secondly, you must have entered the US legally and currently have a valid F-1 visa status. Additionally, you must not have violated the terms of your F-1 visa, and you must be admissible to the United States, meaning you do not have any disqualifying factors such as a criminal history or fraud.

The first step in the process is for your spouse to file Form I-130, Petition for Alien Relative, with the United States Citizenship and Immigration Services (USCIS). This form proves to the US government that your marriage is genuine. Once Form I-130 is approved, you will be assigned a priority date, which is like your place in line for the green card application. It is important to note that visa numbers are immediately available to spouses of US citizens but not to spouses of green card holders, so there will be a waiting period. During this waiting period, it is crucial that you do not travel outside the United States without an Advance Parole document, as doing so may be considered abandoning your green card application.

Once your visa number becomes available, if your F-1 visa is still valid, you can stay in the US and file Form I-485, Application to Register Permanent Residence or Adjust Status, along with supporting documents such as birth certificates, marriage certificates, and passport photos. After submitting your application, you will typically receive a new work permit, officially called the "Employment Authorisation Document" (EAD), within about 150 days. Once your marriage-based green card application is approved, your physical green card will arrive within two months.

If your F-1 visa has expired by the time your visa number arrives, you may face additional challenges and it is recommended that you consult an immigration attorney. Additionally, if you have been married for less than two years at the time of your Adjustment of Status approval, you will be granted a conditional green card valid for two years. Within 90 days before the expiration of your conditional green card, you will need to file Form I-751 to remove the conditions and obtain a 10-year permanent green card.

It is important to be mindful of the timing of your application to avoid falling under the "90-day rule". According to this rule, if you apply for a marriage-based green card during your first 90 days in the United States, USCIS may presume that you "willfully represented" your intentions to stay in the US permanently, conflicting with the terms of your F-1 visa. Overcoming the US government's presumption of "willful misrepresentation" can be challenging, so it is best to avoid this situation.

Adjustment of status

If you are an international student on an F-1 visa and get married to a US citizen, you can apply for a marriage-based green card to continue living in the US with your spouse. This process of transitioning from an F-1 visa to an immigrant visa is called "Adjustment of Status" (AOS).

The process of obtaining a marriage-based green card can be lengthy and complicated, and you may want to consult a lawyer to help you with the paperwork. The sponsoring spouse must initiate the process by filing an I-130 petition with the U.S. Citizenship and Immigration Services (USCIS). This form establishes the marital relationship between you and your spouse. Once the I-130 form is approved, you will receive a priority date, which determines your place in line for the green card application. The waiting period could be several months or even years, depending on the number of applicants ahead of you.

After receiving your priority date, you will be eligible to file an I-485 form to adjust your status from an F-1 visa to a marriage-based green card. Along with the application, you will need to submit relevant evidence of your marriage and undergo a medical examination by a USCIS-certified doctor.

It is important to note that the timing of your application is crucial. Immigration officers use the "90-day rule" to assess whether you had honest intentions when you first entered the US. If you apply for a green card within 90 days of your last entry into the US, officials may suspect that you entered the country with the hidden intention of staying permanently. Therefore, it is recommended to wait at least 90 days after your last entry before getting married and filing your application.

Additionally, you must ensure that you apply for the adjustment of status before your permitted stay under your F-1 visa expires, which is usually 60 days after completing your degree or any authorized period of Optional Practical Training (OPT). Violating the terms of your F-1 visa, such as working off-campus without authorization, can render it void, and you may be expected to leave the US immediately.

Even if your permitted stay has expired, you can still apply for adjustment of status as long as you entered the US legally and are marrying a US citizen. However, if you leave the US and process your application from a US consulate in your home country, you risk facing penalties for overstaying.

Work authorisation

If you are an international student on an F-1 visa and you get married to a US citizen or lawful permanent resident, you may be eligible to apply for a marriage-based green card through a process called "Adjustment of Status". This will allow you to stay with your spouse in the United States.

To be eligible for work authorisation, you must meet the following requirements:

• You are legally married to a US citizen.
• You entered the US legally and currently have a valid F-1 visa status.
• You have not violated the terms of your F-1 visa.
• You are admissible to the United States (i.e., you don't have any disqualifying factors, such as a criminal history or fraud).

If you are eligible, you can file Form I-765, Application for Employment Authorization, along with your Adjustment of Status application. This will allow you to work legally in the United States while your Adjustment of Status application is pending.

The Employment Authorization Document (EAD) is generally valid for any kind of full-time or part-time employment for the period of time stated on the EAD, which is typically up to four years at a time. However, the USCIS may decide to grant a shorter period.

It is important to note that if you are on an F-1 visa and your employment authorisation expires before your marriage-based green card is approved, you will need to stop working and apply for a new work permit based on your pending I-485 application.

Additionally, if you are on a J-1 visa, certain classes of holders are subject to a two-year residency requirement after the completion of their studies. This means that a J-1 visa holder must return to their home country for at least two years before they can obtain an adjustment of status based on marriage to a US citizen or permanent resident.

It is recommended to consult with an immigration attorney to guide you through the specific requirements and process of obtaining work authorisation as an international student who is married.

Conditional green card

If an international student on an F-1 visa falls in love with a U.S. citizen or lawful permanent resident and gets married, they may apply for a marriage-based green card. This process is called "Adjustment of Status".

The process of adjusting an F-1 visa to a marriage-based green card can be complicated and time-consuming. One of the most important things to consider is the timing of the application. When an international student first enters the United States on a student visa, they have to show that they intend to return home once their course of study is complete. If a student applies for a marriage-based green card during their first 90 days in the United States, the U.S. government will presume that the student "willfully represented" their intentions and had no plan of returning to their home country. This is called the "90-day rule" and it is difficult to overcome the government's presumption of "willful misrepresentation". Therefore, it is best to avoid applying during the first 90 days in the country.

Another key consideration is travel restrictions. While the green card application is pending, the immigrant spouse cannot travel outside of the United States without an Advance Parole document. If they travel outside of the country without this document, the green card application will be considered abandoned.

The specific steps of the process depend on whether the spouse of the international student is a U.S. citizen or a lawful permanent resident. If the spouse is a U.S. citizen, the process is generally faster and more straightforward. The spouse will need to initiate the process by filing an I-130 petition with the USCIS to prove that they are eligible and ready to be a sponsor. The I-130 form establishes the marital relationship between the couple. Concurrently or separately, the international student can file the I-485 form to adjust their F-1 visa to a marriage-based green card. Immigrant status is readily available to a U.S. citizen's immediate relatives, but the USCIS will still need to adjudicate the petition. If the immigration officers determine that the relationship is genuine and that the eligibility criteria for a green card are met, the application will be granted.

If the spouse is a lawful permanent resident, the process is more complex and the waiting times are usually longer. The international student will first need to file for an adjustment of status and wait until the USCIS provides a visa number. Only then can they apply for the marriage-based green card by filing the I-485 form. If the F-1 visa expires before the visa number is received, the immigrant spouse must leave the United States and apply for the green card from their home country, unless they can extend their F-1 visa.

It is important to note that marriage does not automatically guarantee a permanent stay for an international student. The process of adjusting status from a nonimmigrant to an immigrant is complex and requires careful navigation of the legal system.

Frequently asked questions