Ibrahim Gardner
International students who marry in the US face a number of challenges, including changes in visa status, lengthy visa processes, and uncertainty about their future. The process of obtaining a marriage-based green card can be complex and time-consuming, and may involve proving the authenticity of the marriage to immigration officials. Students on an F-1 visa can get married to a US citizen, but they must file the appropriate forms with USCIS before their visa expires. The type of green card received depends on how long the applicant has been married, and there is a 90-day rule that immigration officers use to assess whether the applicant intends to stay permanently. The process can be stressful and challenging, and it is recommended to consult an immigration attorney for guidance.
| Characteristics | Values |
|---|---|
| Can an international student get married in the US? | Yes, but it can be a complicated process. |
| What if the student marries a US citizen? | The student can apply for a marriage-based green card, also known as an "Adjustment of Status". |
| What if the student marries another international student? | Both students will need to explore the identification requirements for a marriage license. Typically, a valid passport and birth certificate are sufficient. |
| What is the process for obtaining a marriage-based green card? | The student must file Form I-485, Application to Register Permanent Residence or Adjust Status, with the US Citizenship and Immigration Services (USCIS). They must also submit supporting documents, including identification, proof of marriage, financial documents, and a medical examination report. |
| Are there any timing considerations? | Yes, immigration officers use the 90-day rule to assess the applicant's intentions. Applying for a green card within 90 days of entering the US may raise suspicions about the applicant's original intentions. |
| What are the potential challenges? | The process can be complex, and requirements may vary depending on individual circumstances. There may be visa complications, long processes, and uncertainties about the future. |
| What about financial considerations? | There is a financial aspect to the process, including the Affidavit of Support, which ensures the petitioner has sufficient income to meet the required standards. |
| Can the student work while the application is pending? | Yes, the student can file Form I-765, Application for Employment Authorization, to obtain a work permit. |
| What happens if the student needs to travel? | The student will need a travel permit. Traveling without one may impact their green card process, as it could be assumed that they have abandoned their application. |
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What You'll Learn
Marriage-based green card process
International students in the US on an F-1 visa can get married and apply for a marriage-based green card. However, it is important to note that marriage to a US citizen does not guarantee a successful green card application.
The process of obtaining a green card through marriage involves several steps and can be challenging. Firstly, timing is crucial. If an international student applies for a green card too soon after their last entry into the US, immigration officials may suspect that the student entered the country with the hidden intention of staying permanently. This is known as the "90-day rule". It is recommended that students wait at least 90 days after their last entry before getting married and filing their green card application.
To initiate the green card process, the US citizen spouse must file a Petition for Alien Relative (Form I-130) with the United States Citizenship and Immigration Services (USCIS). This form proves that the marriage is genuine and not solely for immigration purposes. The international student spouse then files the Application to Register Permanent Residence or Adjust Status (Form I-485) concurrently, along with supporting documents such as birth certificates, marriage certificates, and passport photos. The I-485 form has a filing fee, and there may be additional fees for other forms.
After submitting the marriage-based green card application, the international student will receive a new work permit, known as the Employment Authorisation Document (EAD), within 120 to 150 days. The type of green card received—temporary or permanent—will depend on how long the couple has been married when the application is approved.
It is important to note that if the marriage ends before the green card is issued, USCIS may conclude that the marriage was not genuine, and the application may be denied. Additionally, travelling outside the US during the green card application process without a travel permit may result in the application being denied, as USCIS will assume the applicant has abandoned their application.
The marriage-based green card process can be complex, and it is recommended that individuals consult an immigration attorney for specific guidance.
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Proving marriage authenticity
For international students in the United States, marriage can lead to a change in visa status and long visa processes. One of the biggest challenges is proving the authenticity of the marriage to the U.S. government. Here are the key steps and considerations for proving marriage authenticity in this context:
Understanding the "90-Day Rule"
Immigration officers in the U.S. follow the "90-day rule" when reviewing marriage-based green card applications. This rule is used to assess the authenticity of the marriage and the applicant's intentions. If an international student applies for a green card within 90 days of their last entry into the U.S., immigration officials may suspect that the student entered the country with the hidden intention of staying permanently through marriage. Therefore, it is advisable to wait at least 90 days after entering the U.S. before getting married and filing for a green card.
Providing a Marriage Certificate
When applying for a marriage-based green card, the couple must provide a marriage certificate. However, this alone is usually not sufficient to establish the authenticity of the marriage. The U.S. Citizenship and Immigration Services (USCIS) recognizes how easy it can be to obtain a marriage certificate without genuinely intending to build a life together.
Demonstrating a Bona Fide Marriage
To prove a "bona fide" marriage, the couple must provide additional evidence that demonstrates their commitment and shared life. This can include various documents, such as joint bank accounts, life insurance policies, wills, joint leases, joint utilities, joint travel itineraries, text messages, phone logs, and photos that span a longer period. USCIS considers some types of evidence stronger than others when evaluating the authenticity of the relationship.
Completing the I-130 Petition Package
The U.S. citizen spouse typically files Form I-130, known as the Petition for Alien Relative, with USCIS. This form serves as proof of the marriage's authenticity to the U.S. government. The non-citizen spouse concurrently files Form I-485, the Application to Register Permanent Residence or Adjust Status, along with supporting documents such as birth certificates, marriage certificates, and passport photos.
Timing and Consistency
The timing of the green card application is crucial. Applying too soon after entering the U.S. or getting married can raise red flags for immigration officers. It is important to be mindful of the 90-day rule and consult with an immigration attorney to navigate the complex process. Additionally, inconsistencies or lack of evidence of a bona fide marriage can lead to petition denials.
Interview and Additional Questions
The marriage green card interview is another opportunity to establish the authenticity of the marriage. The interview process can vary depending on the circumstances of the couple. During the interview, officers may ask detailed questions about the relationship, including marital difficulties, contraception use, and personal attributes of the spouse, such as tattoos or birthmarks.
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Adjustment of status
There are two distinct pathways for international students seeking a marriage green card. The application process depends on whether the student is married to a US citizen or a green card holder.
If the student is married to a US citizen, the citizen spouse will file the Petition for Alien Relative (Form I-130) with the United States Citizenship and Immigration Services (USCIS) on their behalf. This form proves that the marriage is real. The student will then file the Application to Register Permanent Residence or Adjust Status (Form I-485) at the same time, along with supporting documents such as birth certificates, marriage certificates, and passport photos.
If the student is married to a green card holder, the process is similar, but there will be a wait to receive a visa number before the student can apply for a marriage-based green card.
It is important to note that the timing of the application is crucial. Immigration officers use the 90-day rule to assess whether the applicant intended to stay permanently when they first entered the US. If an applicant applies for a marriage-based green card within 90 days of their last entry into the US, their application may be hurt as immigration officials may assume the applicant entered with the hidden intention of staying permanently.
The type of green card received (temporary or permanent) will depend on how long the applicant has been married at the time their application is approved. If the marriage is less than two years old when Form I-485 is approved, USCIS will grant lawful permanent resident status for two years on a conditional basis. If the marriage is more than two years old, USCIS will issue an unconditional green card with a ten-year validity period.
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Visa implications
Marriage as an international student in the US can have significant visa implications, and the process can be complex and stressful.
Firstly, it is important to note that marriage does not automatically guarantee a permanent stay for an international student. The type of visa and green card you will need to apply for depends on several factors, including the nationality of your spouse, how long you have been married, and how long you have been in the US.
If you are an F-1 student visa holder and you marry 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. This process involves submitting various forms, including Form I-130 (Petition for Alien Relative) and Form I-485 (Application to Register Permanent Residence or Adjust Status). You will also need to submit supporting documents, such as identification documents, proof of marriage, financial documents, and a medical examination report. It is important to note that any missing or incorrectly filed forms can delay or deny your application.
Timing is crucial when applying for a marriage-based green card. Immigration officers use the 90-day rule to assess whether you intend to stay permanently in the US. If you apply for a green card within 90 days of entering the US or before your F-1 visa expires, your application may be flagged, and your current visa could be revoked. Therefore, it is generally recommended to wait at least 90 days after your last entry into the US before applying for a green card.
If you are an F-1 student married to another F-1 student, you will both need to explore the identification requirements for applying for a marriage license. Typically, a valid passport and birth certificate are sufficient. However, if your spouse is a green card holder, you will need to wait for a visa number before applying for a marriage-based green card.
It is important to consult with an immigration attorney to guide you through the specific requirements and processes, as immigration laws and requirements may vary depending on individual circumstances.
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Financial considerations
Marriage in the United States offers financial benefits to couples, including a financial boost from tax advantages, eligibility for certain government benefits, and more favorable home loan terms. However, for international students studying in the US, there are several financial considerations to keep in mind if they plan to get married.
Firstly, the type of green card received by the international student depends on how long they have been married at the time their application is approved. If the marriage is less than two years old at the time of green card approval, the foreign spouse will receive a conditional green card valid for two years. To obtain a standard unconditional green card, valid for ten years, the couple must remain together for at least two years and file Form I-751 jointly.
Secondly, the timing of the marriage and green card application is crucial. The "90-day rule" is a guideline used by immigration officers to assess whether applicants are truthful about their intentions. If an international student applies for a green card within 90 days of their last entry into the US, their application may be flagged, and they may be suspected of initially entering the country with the hidden intention of staying permanently. Therefore, it is advisable to wait at least 90 days after entering the US before getting married and filing for a green card.
Thirdly, the financial aspect of the green card application comes into play through the Affidavit of Support. This legal document ensures that the applicant's sponsor can provide financial support if the applicant cannot work or earn a living in the US. If the spouse does not meet the income threshold, they can use a joint sponsor, such as a relative or friend, who meets the financial criteria.
Lastly, there are costs associated with the green card application process itself, including filing fees for various forms and potential legal fees if the student chooses to seek the advice of an immigration attorney, which is recommended due to the complexity of the process.
In conclusion, while marriage in the US can provide financial benefits, international students must carefully navigate the financial considerations and requirements of the green card application process, including timing, sponsorship, and associated costs.
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