Foreign students who have fallen in love and wish to get married to a US citizen while in the United States on a J-1 or F-1 Student Visa will need legal help to become a Lawful Permanent Resident. Whether its an I-485 Adjustment of Status or an I-612 Application for Waiver of the Foreign Resident Requirement, our office can identify the proper procedure for your type of Student Visa and file the appropriate legal forms
Whatever course of action that you choose to pursue, you should never overstay your Visa as a student. Although we may be able to help under such circ*mstances, overstaying your Visa as a student will be problematic.
We invite you to call our office so we can discuss all of your options.
Legal Permanent Residency for Students Married to US Citizens
Most couples meet and fall in love while in school. When one person is a foreign student, and the other a US citizen, the love affair will require some legal work to allow the couple to stay together lawfully. The good news is that a foreign student who is in the United States to study on a Student Visa can marry and immigrate to the United States.
Students typically enter the United States on either a J-1 Exchange Visa or an F-1 Student Visa. Regardless, the Immigration and Nationality Act provides for a change in status with certain requirements and under certain restrictions. There are a few alternative procedures that a student can choose from depending on the type of visa originally granted to the foreign student.
Students with J-1 Visa
J-1 Visas are issued to Exchange Visitors who are participating in an established J Exchange program pre-approved by the State Department (formerly pre-approved by USIA). Exchange Visitors under J-1 Visas include secondary school and college students, business trainees, trainees in flight aviation programs, primary and secondary school teachers, college professors, research scholars, medical residents or interns receiving medical training in the U.S., certain specialists, international visitors, and government visitors.
Certain classes of J-1 Visa holders are subject to a two year residency requirement after the completion of their studies. This means that after the completion of their studies, a J-1 Visa holder must return to his or her home country for at least two years before he or she may obtain an adjustment of status based on Marriage to a US citizen or permanent resident. Under certain circ*mstances, a J-1 Visa holder may be able to waive the two year residency requirement.
The Department of State provides five statutory bases that a J-1 Visa holder may use to waive the two year foreign residency requirement:
- No objection letter
- Interested Government Agency Request (IGA)
- Threat of persecution
- Extreme Hardship
- Designated State Health Agency Request (for Physicians only)
Many of our student clients fall in love and get married while in school and then start a family. Where the circ*mstances of your situation would cause an extreme hardship for the J-1 Visa Holder’s spouse or child, the foreign residency requirement may be waived.
Students with F-1 Visa
F-1 Visas are issued to students who wish to enter the United States to study at academic high schools, conservatories, colleges, universities, and institutions with language training programs. Issued by the US Citizenship and Immigration Services (USCIS), F-1 Visas are generally valid for the time period of study, including a brief grace period after the completion of the visa holder’s course of study. Unlike holders of a J-1 Visa, F-1 Visa holders are not subject to the two year residency requirement upon completion of their studies. F1 Visa holders can marry while in school and apply for a Change of Status without seeking a waiver. Under such circ*mstances, the foreign student will most likely be able to remain in the United States.
One option to keep in mind is that the foreign student can always voluntarily return home and then apply for a K1 Fiancée or CR1/IR1 Marriage Visa. In the case of a J-1 Visa holder who does not successfully seek a waiver, the two year residency requirement will still apply.
FAQs
You must be enrolled in a program or course of study that results in a certificate, diploma or degree, and your school must be authorized to accept international students. You cannot enter the U.S. on an F-1 visa if your ultimate intent is to gain lawful permanent residency.
Can a student visa lead to permanent residency? ›
Student visa does not automatically leads to Permanent residence. However, if your course of study leads to an occupation on the Skilled Occupation List, then you may become eligible for PR visa after your student visa.
Is it hard to get PR in USA for international students? ›
You will have to apply through skill and experience PR way. How hard is it to get permanent residency in the USA? It is not easy to get a permanent residency in the USA. The process of obtaining a green card is complicated and long.
Does a student visa make you a resident? ›
F and J student visa holders are considered resident aliens after five calendar years in the U.S. J researchers and professors are considered resident aliens after two calendar years in the U.S. H-1, TN, and O-1 visa holders are considered resident aliens once they meet the “substantial presence” test.
How can a student get a green card in USA? ›
One common way for international students to obtain a green card is through employment sponsorship. If a student finds a job with a US employer who is willing to sponsor them for a green card, they can apply for permanent residency through the employment-based immigration process.
Are students considered US residents? ›
Resident Alien Students
Generally, foreign students in F-1, J-1, or M-1 nonimmigrant status who have been in the United States more than 5 calendar years become resident aliens for U.S. tax purpose if they meet the “Substantial Presence Test” and are liable for Social Security and Medicare taxes.
Are international students legal residents? ›
Students must hold an eligible immigration status at least one year before the Residence Determination Date to be eligible to establish California residency for tuition purposes.
Which visa lead to permanent residency? ›
Having a Green Card (officially known as a Permanent Resident Card (PDF, 1.69 MB) allows you to live and work permanently in the United States.
What counts as permanent residency? ›
What is a lawful permanent resident? A lawful permanent resident is someone who has been granted the right to live in the United States indefinitely. Permanent residence includes the right to work in the U.S. for most employers or for yourself. Permanent residents continue to hold citizenship of another country.
How can I stay in the US after my student visa expires? ›
A visa is only an entry document and can expire while you are in the U.S. There is no issue if your visa expires while you are legally present in the U.S. As long as your status is still valid and you continue to follow all immigration regulations, you can continue to remain in the U.S. even if your visa has expired.
On average, it takes 18 months to 24 months to complete the naturalization process and become a U.S. citizen. The naturalization process has five general steps. It begins with filing Form N-400 and ends with taking the Oath of Allegiance.
Can a U.S. citizen sponsor an international student? ›
Here are some common ways in which a U.S. citizen can sponsor your study in the U.S: Family-Based Sponsorship: If you have close family ties, such as a parent, spouse or sibling who is a U.S. citizen, they can sponsor you for a family-based immigrant visa, allowing you to become a permanent resident.
Can I marry a U.S. citizen on a student visa? ›
If you're an F-1 student visa holder who has recently married a U.S. citizen or green card holder, you may be eligible to obtain a marriage-based green card. This process, called “adjustment of status,” allows you to stay in the United States with your spouse without leaving the country.
How long does it take to get PR in USA for international students? ›
What Is the Processing Time and Fee to Get PR in the USA? On a general note, it takes around 7 to 33 months to get green card approval. However, this time can vary depending on the USA visa type you hold. For example, if you get a Family Preference PR visa, the processing can take between one to ten years.
Can two international students marry in US? ›
Yes, non-citizens can marry within the U.S. Keep in mind that marriage does not change your immigration status and the marriage may not be recognized in your home country. To get married in the U.S., you simply need the proper identification to apply for a marriage license in the county in which you are to be married.
Can an international student become a resident of a state? ›
For an international student to be considered a state resident they must have a status that permits them to remain indefinitely in the United States. Students with non-immigrant visa, such as a B, F, J or M status visa, will generally not be considered eligible for state residency status.
Can an international student be a resident? ›
No. An F1 visa is a student visa and is only valid for a specific reason and for a specific amount of time. This prohibits an F1 visa holder from establishing Residency for Tuition Purposes.
How can I settle in USA after studying? ›
To apply, you must be a student on an F-1 student visa studying in the US and planning to work in the US after you graduate, in the same field you're studying. You must apply using Form I-20, which must be signed by the designated university official (DSO) who handles immigration and foreign student affairs.
How long do you have to live in the US to become a permanent resident? ›
Show you have been physically present in the United States for at least 30 months out of the five years immediately before the date you file Form N-400; Show you have lived for at least three months in a state or USCIS district having jurisdiction over your place of residence.
Legal Permanent Residency for Students Married to US Citizens