Lori Meadows
Marriage procedures vary across countries, but generally, international students need to explore the identification requirements for applying for a marriage license. Typically, a valid passport and a birth certificate are sufficient for identity verification. However, additional paperwork may be required when applying for a marriage-based green card, especially if the marriage involves a US citizen or permanent resident. In such cases, the international student must be mindful of the 90-day rule to avoid raising suspicions about their intentions for marrying.
Paperwork for International Students Getting Married
| Characteristics | Values |
|---|---|
| Getting married in the US | Valid passport and birth certificate are typically required. |
| Spouse's citizenship | If the spouse is a US citizen, the student can apply for a marriage-based green card. |
| Type of visa | F-1 visa holders can get married and apply for a Change of Status without seeking a waiver. |
| Timing | Wait at least 90 days after entering the US before getting married and filing a green card application to avoid the 90-day rule. |
| Work permit | After submitting a marriage-based green card application, the student will receive a new work permit (EAD) within 150 days. |
| Sponsoring a spouse | The US citizen or green card holder will need to sponsor their spouse by filing Form I-130 and Form I-485 concurrently. |
| Naturalization approach | The process to obtain a green card will be more complicated, requiring proof of citizenship, fees, and proof of income to sponsor a spouse. |
| Marriage outside the US | If the spouse is not in the US, the couple can get married outside the US and then apply for a green card through consular processing. |
| Marriage procedures in Canada | Marriage procedures are similar to those for Canadian citizens, with some provinces requiring banns (a religious tradition). |
| UK spouse visa | International students marrying in the UK can convert their student visa to a spouse visa, which offers more flexibility and travel options. |
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What You'll Learn
Marriage-based green card process
The marriage-based green card process can be challenging and expensive, but it is possible to get married as an international student in the US. The process varies depending on whether the foreign spouse is living in the US or abroad, and whether they are applying from within the US or outside. Here is a step-by-step guide to the marriage-based green card process:
Step 1: File Form I-130
First, you must file Form I-130, "Petition for Alien Relative," with the United States Citizenship and Immigration Services (USCIS). This form establishes that your marriage is genuine and was entered into in good faith with the intention to establish a life together as spouses. The approval rate for Form I-130 is between 84.5% and 90.4%. There is no minimum marriage length required, but newer marriages may face more scrutiny, and couples may need to provide more evidence of a bona fide marriage, such as shared finances, housing, children, or third-party affidavits. The cost of filing Form I-130 is $535.
Step 2: File Form I-485
If the foreign spouse is living in the US, they must file Form I-485, "Application to Register Permanent Residence or Adjust Status," with USCIS. This form is used to adjust the spouse's status to that of a lawful permanent resident, or green card holder. The approval rate for Form I-485 is over 90%. The cost of filing Form I-485 is $1,225. It is possible to file Form I-130 and Form I-485 concurrently if the applicant is an immediate relative.
Step 3: Provide Documentation
As part of the application process, you must provide various documents, including a marriage certificate, proof of citizenship, and proof of a bona fide marriage. You must also submit Form I-693, "Report of Immigration Medical Examination and Vaccination Record," at the time of filing, although as of January 22, 2025, proof of COVID-19 vaccination is no longer required.
Step 4: Wait for Processing
The processing time for a marriage-based green card application is currently 9.2 months. Approval rates range from 84.5% to 90.4%, and denial rates are typically between 9.6% and 15.5%. If your application is approved, you will receive a conditional or permanent green card.
It is important to note that if your marriage ends before you receive your green card, you may no longer be eligible, as USCIS may conclude that the marriage was not genuine. Additionally, marriage fraud or the intent to fraudulently immigrate to the United States through marriage is taken very seriously by USCIS and can result in legal consequences.
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Identification requirements
The identification requirements for marriage as an international student vary depending on the country in which the marriage will take place. It is important to research the requirements of the specific country before initiating any marriage plans.
In the United States, for example, there are different procedures for international students marrying US citizens, green card holders, or other international students. If an international student on an F-1 visa marries a US citizen, they may be able to obtain a marriage-based green card through a process called "Adjustment of Status". This process involves transferring from a temporary visa to a green card. To initiate this process, the couple must first get married and register their marriage with the state or county officials where the wedding took place. The US citizen will need to sponsor their spouse by filing Form I-130 ("Petition for Alien Relative") and Form I-485 ("Application for Adjustment of Status") concurrently. It is important to note that applying for a marriage-based green card within the first 90 days of entering the US on a student visa may lead to complications, as it contradicts the initial declaration of intent to return home after the completion of studies.
If both individuals are international students, the process becomes more challenging. In addition to exploring the identification requirements for obtaining a marriage license, they must also prove to the US government that they do not intend to deceive immigration officers about their plans to return to the US after marriage.
Regardless of the specific country, maintaining valid immigration status is crucial, which typically involves possessing a valid visa. For instance, in the context of the US, an F-1 student visa holder must maintain their visa status until they receive a visa number and can apply for a green card.
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Visa status changes
If you are an international student in the US, you will likely be on an F-1 visa. This visa is only granted for the duration of your studies, with some additional months to gain work experience, and you are expected to return to your home country once it expires.
If you marry a US citizen or green card holder, you may be eligible for a marriage-based green card, which will allow you to stay in the country permanently.
The process for obtaining a marriage-based green card can be complicated and time-consuming. It is known as "adjustment of status". The first step is to get married and register your marriage with the state or county officials where the wedding took place. US authorities only recognize civil marriages for immigration purposes, where a marriage certificate has been issued by recognized authorities at a local or national level.
If you are an F-1 visa holder who marries a US citizen or green card holder, you must prove to the US government that you did not intend to deceive immigration officers about the time you returned to the US. This is known as the 90-day rule, where immigration officers assess your honesty about your intentions when you first entered the US. Timing is crucial, and you must maintain your lawful F-1 status throughout the process.
If you are married to a green card holder, you will need to wait to receive a visa number before applying for a marriage-based green card. If you are married outside the US, or you travel outside the US after your marriage without having applied for permanent residency in advance, you must apply for an immigrant visa at the nearest US consulate.
If you need to travel outside the US while your green card is being processed, you will need to get a travel permit, or "Advance Parole", from the USCIS. Without this, your application may be considered abandoned, and you may have issues re-entering the US.
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Marriage license application
The process for an international student to get married in the US can be quite tricky and involves several steps. The first step is to obtain a marriage license. The specific requirements for a marriage license vary depending on the state, so it is important to check the relevant state's website for the most accurate information. However, here is a general overview of the marriage license application process:
To apply for a marriage license, you will typically need to:
- Complete the marriage license application form. This form may be available online or at the Local Registrar's office. Do not sign the form before going to the Local Registrar.
- Sign the application form under oath in the presence of the issuing authority.
- Provide proof of identity, such as a driver's license, passport, or state/federal ID.
- If one of the applicants is a resident of the state, proof of residency may also be required.
- Any documents in a foreign language must be accompanied by a certified English translation.
- There may be a waiting period before the license is issued, typically around 72 hours.
- The marriage license is typically valid for a limited period, such as six months from the date of acceptance.
Once you have obtained the marriage license, you can proceed with the marriage ceremony. After the marriage, it is important to register your marriage with the state or county officials where the wedding took place. This step is crucial for international students intending to apply for a marriage-based green card.
Marriage-Based Green Card
If one of the spouses is a US citizen or green card holder, the international student may be eligible for a marriage-based green card. The process is called "adjustment of status," and the timing of this process can vary depending on circumstances. Here are the key points to note:
- The international student must maintain lawful F-1 status throughout the process.
- Immigration officers will use the "90-day rule" to assess whether the student was honest about their intentions when they first entered the US.
- The application process involves filing Form I-485, "Application to Register Permanent Residence or Adjust Status," and potentially Form I-130, "Petition for Alien Relative."
- Applications filed from within the US are handled by US Citizenship and Immigration Services (USCIS) and require a biometrics appointment and an in-person interview.
- If the international student is married to a green card holder, they will need to wait to receive a visa number before applying for a marriage-based green card.
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Proof of relationship
When it comes to marrying an international student, there are a number of factors to consider in terms of proof of relationship. Firstly, it is important to note that marriage does not automatically grant citizenship or a change in immigration status. If you are a US citizen marrying an international student, your spouse will need a green card to live with you in the US.
If you are an international student yourself, you will need to explore the identification requirements for applying for a marriage license. In most cases, a valid passport and birth certificate are sufficient to prove your identity.
If your spouse-to-be is an international student, they will likely be on a temporary visa. To adjust their status and obtain a green card, you will need to prove that your relationship is genuine. This can be done through the following means:
- Filing Form I-130 (Petition for Alien Relative) and Form I-485 (Application to Register Permanent Residence or Adjust Status) concurrently.
- Providing supporting documents such as birth certificates, marriage certificates, and passport photos.
- Demonstrating strong ties to your home country and providing evidence of commitments there, such as a job offer, property ownership, or close family ties. This is especially important if you are applying for a green card soon after entering the US, as it can help overcome suspicions of "willful misrepresentation".
It is important to note that the timing of your green card application matters. If you apply for a marriage-based green card too soon after entering the US, immigration officials may assume you originally entered with the hidden intention of staying permanently. Therefore, it is generally advised to wait at least 90 days after your last entry into the US before getting married and filing your green card application.
Same-Sex Marriages
Same-sex marriages are recognized by USCIS but must be documented by a marriage certificate from a country where they are legal.
Non-Recognized Relationships
It is also important to note that USCIS will not recognize certain types of relationships, even if they are valid in the place they were celebrated. These include polygamous relationships, underage marriages, civil unions, proxy marriages, and relationships entered into purely for immigration purposes.
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Frequently asked questions
If you are a US citizen, your partner will need a K1 visa, or a fiancé visa, which allows them to enter the US and marry you. After the marriage, they will need to file Form I-485, which requires biometrics and possibly an interview.
If you are a US citizen living abroad, your partner will need to file Form I-130 (Petition for Alien Relative) and Form I-485 (Application for Adjustment of Status) concurrently. This process is called Adjustment of Status.
In most cases, a valid passport and a birth certificate are enough to prove your identity and apply for a marriage license. However, you will both need to explore the specific identification requirements.
If you are an international student in the UK, you can convert your student visa to a spouse visa upon its expiration. With a spouse visa, you can work without restrictions and travel outside the UK for up to 90 days. After five years on the spouse visa, you can apply for indefinite leave to remain.
