It’s perfectly possible to fall in love and get married while still studying. Many Americans do so because it pays to get married. According to a study by the Federal Reserve Bank of St. Louis, there exists a wide financial gap between married couples and single people aged 25 to 34 years old. This makes married couples worth close to nine times as much as singles. CNN reported that this data is a “big jump from 2010,” when it was just four times as much.
But what happens when you study abroad? Is marriage still considered a privilege? It does get messy — change in visa statuses, long visa processes, and uncertainties about the future of you and your beloved will rack up and eventually stress you out. As if that’s not enough, you will have to face all this while living in a foreign country.
Don’t worry — all of the above are manageable. Here’s an A to Z guide on how to navigate marriage in the US as an international student:
Couples get married during a mass wedding for Covid-19 delayed couples at Lincoln Centre in New York City. Source: Kena Betancur/AFP
Marrying a US citizen
If you’re a student on an F-1 visa, you can get married to a US citizen. The law states that you have to file the appropriate forms with USCIS before your F-1 visa expires. Applying for a marriage-based green card to stay and live legally in the US with your spouse is a process called “Adjustment of Status.”
There is a guideline called the 90-day rule that immigration officers tend to stick to when determining whether or not couples are truthful about their marriage. If you apply for a green card before you’ve even been in the US for more than 90 days, it raises red flags for immigration officers handling your paperwork. This rule generally applies to your most recent entry to the US, and not only to your first.
Forms that need to be filled out are:
- The family sponsorship form or Form I-130 (officially called the “Petition for Alien Relative”) to be completed and signed by your spouse who is a US citizen
- The green card application or Form I-485 (officially called the “Application to Register Permanent Residence or Adjust Status”) to be completed and signed by you, the F-1 visa student
If you’re married to a green card holder, the first step remains the same. After that, though, you’ll have to wait to receive a visa number. Once you get your hands on your visa number, you will be able to apply for a marriage-based green card.
A huge mistake many international students make is not returning to their home country after their F-1 visa expires. Source: Agnes Bun/AFP
Marrying an international student
This is where it gets tricky. When an international student falls in love in the US and gets married to another international student, they will both need to explore the kind of identification that is required to apply for a marriage licence. In most cases, a valid passport and a birth certificate are enough to prove your identity.
Keep in mind that a marriage does not constitute a change in immigration status. It might also mean that your marriage is not recognised in your home country. Of course, there is the naturalisation approach, but the process to obtain a green card will become even more complicated. You will need to provide proof of citizenship, pay fees, and prove income to sponsor someone in the US.
Ensure that you do not violate the 90-day rule if you’re applying for a marriage-based green card. It will raise eyebrows and make it hard for you to get married to your loved one. Source: Mark Ralston/AFP
Mistakes to avoid
While waiting for your Form I-485 to be approved, you should not, under any circ*mstances, travel outside the US until you have obtained a travel permit. If not, the government will consider your marriage-based green card application as “abandoned”. You will then need to start the process all over again.
Keep in mind that you shouldn’t overstay your welcome either. Do not remain in the US if your visa has expired — it is an immigration violation to do so. Otherwise, you might be barred from re-entering the US for several years. Should you file Form I-130, and then travel abroad with the F-1 visa, you may also have trouble re-entering the US.
If this happens, all you need to do is go through the marriage-based green card process from abroad. The next step is the hard one: you will need to prove to the US government that you don’t intend to deceive immigration officers about the time you returned to the US as an F-1 student married to a green card holder.
When two international students fall in love, they will have to face a lot of hardship before they can legally marry in the US. Source: Kena Betancur/AFP
What happens after you get married?
Not all marriage-based green cards are created equal. Surprised? Here’s how it works — the type of green card you receive, whether temporary or permanent, will depend on how long you’ve been married at the time your application is approved.
After submitting your marriage-based green card application, however, you will receive a new work permit (officially called the “Employment Authorisation Document,” or EAD) within about 150 days.
Unlike the work authorisation tied to your F-1 visa status and the OPT plan, this new work permit allows you to legally work for any US employer. From here on out, you can choose to continue working with your OPT employer or apply for another job. Once you receive your marriage-based green card, a separate work permit won’t be needed.
FAQs
You need to have a valid F-1 Visa as a student and not leave the US during the process. You'll also need a valid passport and authenticated birth certificate. All in all, you'll need a lot of love and patience to get married, but it's possible if you're really determined to do so.
Can an international student get married in the US? ›
Yes, you can get married, but even marrying a citizen does not automatically mean you can stay. ICE doesn't like it when people come in with one status and then try to change. They may make you go back home while the citizen applies to bring you back in on a spousal visa. You need to talk to an immigration attorney.
Can a non resident get married in the US? ›
Couples need to provide identification such as a driver's license, state-issued ID, or passport to the county where they plan to marry. Any valid government ID with a photo should be acceptable. Citizenship or immigration status does not hinder the ability to marry.
Can you stay in the US if you marry a foreigner? ›
Once you marry, your spouse can apply for permanent residence and remain in the United States while we process the application. If you choose this method, file a Form I-129F, Petition for Alien Fiancé(e). Filing instructions and forms are available on our Web site at www. uscis.
What is the easiest way to marry a non U.S. citizen? ›
If Both You and Your Future Spouse Are Outside the United States. If you want to come to the U.S. and marry, and then stay here, the K1 visa is the best solution. A fiancé visa will allow your future spouse to come to the United States, marry, and then adjust their status.
Do you automatically get a green card when you marry a U.S. citizen? ›
In many cases, yes. Because marriage is a relatively easy route to permanent residence, USCIS grants conditional permanent residence for two years. After two years, you will need to file Form I-751 to remove the conditions of residence and to get a permanent green card.
How to convert F1 visa to green card? ›
F1 Visa to Green Card: 5 Ways to Get Your Green Card
- Change status to a dual intent visa. As mentioned above, the F1 visa is not a dual intent visa. ...
- Marry a US citizen or lawful permanent resident. ...
- Receive employer sponsorship. ...
- Become an investor. ...
- Self-petition as a person of extraordinary ability.
If you're an F-1 student who recently married a U.S. citizen or green card holder (permanent resident), you can apply for a marriage-based green card to stay and live with your spouse in the United States. This process is officially known as “adjustment of status.”
What documents do I need to get married in USA? ›
To apply for a marriage license, a man and a woman must each have a valid form of identification, such as a driver's license; a certified copy of a birth certificate; a passport or military identi- fication card; and their Social Security cards. Age requirements: You must be 18 years of age to marry on your own.
Can you get married in the U.S. without a visa? ›
Also, there is nothing in the regulations that says you cannot get married on a tourist visa. However, when an individual has the clear intention of marrying and applying for an adjustment of status to stay permanently in the U.S., it can cause trouble. The government sees this as visa fraud.
Will someone become a U.S. citizen if I marry them? Marriage to a U.S. citizen does not automatically grant someone U.S. citizenship. However, marriage to a U.S. citizen can be a pathway to immigration benefits, such as obtaining a green card.
What is the process of marrying an immigrant? ›
First, you and your immigrant spouse will need to get married and register your marriage with the state or county officials where your wedding took place. Then you will file Form I-130: Petition for Alien Relative to start the process of obtaining your noncitizen spouse a green card.
How long do you have to stay in the U.S. after marrying a U.S. citizen? ›
How long does it take to become a U.S. citizen? If you are already a permanent resident (green card holder), you can apply for citizenship after 5 years. If you are married to a U.S. citizen, you can apply for citizenship after 3 years.
How long do you have to be married to get a green card? ›
USCIS will issue you a conditional marriage green card if you have been married for less than two years at the time of your interview. You can apply for a permanent marriage green card after two years of marriage.
Do you need a lawyer to marry a non U.S. citizen? ›
You can count on filling out several forms, starting with a visa petition on Form I-129F for the K-1, or I-130 for spouses (both filed by the U.S. citizen). You might want to consult an immigration lawyer to help you determine the best way to proceed.
Do I need a lawyer to apply for a green card through marriage? ›
While it is not required, it may be helpful to enlist a lawyer's during the application process. Boundless put together a detailed guide that explains when hiring an immigration lawyer can be helpful, and when you may be able to apply on your own.
Can you get a U visa if you get married to a U.S. citizen? ›
Marriage to a U.S. citizen does not affect the application process for a U visa. However, if the U visa holder marries a U.S. citizen, he or she may be eligible to file an adjustment of status application for an immigrant visa.
What is the 90 day rule for f1 visa? ›
What Is the 90-Day Rule? According to 9 FAM 302.9, an alien who engages in conduct inconsistent with their nonimmigrant status within a 90-day period of entering the US may become inadmissible for the Green Card or even permanently barred from entering the US.
What happens if you overstay your visa and get married? ›
If you overstayed the time permitted under your visa (as shown on your I-94), you can potentially cure the problem if you enter into a bona fide (real) marriage with a U.S. citizen and then apply for adjustment of status for Green Card.
Can you get married on a visa? ›
The short answer to this complex question is yes, you can get married to someone who has entered the U.S. on a visitor visa. Generally, anyone from a foreign country enters the U.S. with a visa.
