Study Guide
Marrying a Foreigner on a Student Visa | Common Questions
Here in this blog post, you will find out how marrying a foreigner on a student visa is essential, the processes, and the requirements.
An F-1 student who recently became a citizen or permanent resident of the United States may apply for a marriage-based green card to remain and live with their spouse in the country. Officially, this procedure is referred to as “modification of status.”
Knowing whether you qualify before applying and whether there could be any problems is crucial. Understanding how timing might impact your application’s success is also essential.
These crucial elements will be covered in this manual to assist you in choosing the best course of action for your particular circumstance.
Boundless can assist you in completing the move from an F-1 student to a spouse holding a green card, making it simple to finish your application and avoiding typical issues. Find out more about Boundless’ benefits or sign up right away.
See Also: How To Apply For A Student Visa in Denmark
Top 8 things you should consider before getting married on a Student Visa or Visa Waiver
It is not bad to marry a foreigner while on a student Visa, but there are a few things to consider if you want to marry a foreigner while on a student visa
1. The Marriage Must Be In Good Faith
Your ability to demonstrate to USCIS that your marriage was entered into in good faith is among your most essential burdens.
USCIS will reject the application if they find that the marriage was entered solely to receive immigration benefits. Deportation or removal proceedings may be started if the application is rejected.
2. The 30/60 Day Rule
To assist consular officials in determining whether a person has committed visa fraud, the Department of State created the “30/60 day rule.” The rule states that preconceived purpose is inferred when a person applies for a visa at the Consulate and has previously filed for Adjustment of Status or another change in nonimmigrant status within 30 or 60 days after admission into the US.
In specific ways, USCIS has followed this rule when deciding on applications for adjustment of status. Due to the “30/60 day limit,” applying for a change of status or a marriage-based adjustment of status within 60 days after arrival in the US is dangerous, and doing so within 30 days is damaging.
Fraudulent visa applications may result in a person’s permanent banishment from the US or from receiving immigration benefits. It is crucial to be aware of this law and comprehend how it operates before getting married and submitting an application for a change of status.
Also Check: How to Apply for a Student Visa in Singapore: Requirements, Cost, Eligibility, & Process
3. Timing of The Wedding
When reviewing your application, USCIS may find issues with the time of your wedding.
Despite filing the Adjustment of Status application after 60 days, it may be deemed that you entered the US with predetermined intent if you get married too soon after entry and later seek for Adjustment of Status.
The timing of your wedding in relation to your entry is mainly unimportant if you are entering the United States to get married before leaving for your native country.
4. What Happens If Adjustment of Status Is Denied?
You and your spouse need to be ready for anything since there is a real chance that your request for an adjustment may be denied.
Suppose your request to change your status after entering the country as a guest is rejected. In that case, USCIS may recommend you to Immigration and Customs Enforcement to start the removal, or “deportation,” process.
It’s crucial to remember that if you arrived in the country using a Visa Waiver, you might not be able to present your case to an immigration judge.
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5. You Cannot Leave The US Immediately After Marriage
You won’t be permitted to leave the country unless you apply for an Advance Parole or a Green Card after getting married and filing for adjustment of status.
Suppose you leave the country before receiving one of these two documents. In that case, you might not be permitted to enter the US again, and your application for an adjustment of status may be rejected because it has been “abandoned.”
The immigration process would need to be restarted by both you and your spouse, and your spouse could need to wait outside the United States for the consular procedure.
6. Border Protection Officers Are Watching You
The Customs and Border Protection (CBP) inspection staff at the port of entry will question you about why you are visiting the US if you have a tourist visa. Always be sincere and honest in your responses to all of the questions.
Be ready for the inevitable grilling, which entails a secondary examination, and possibly an abrupt return to your home country on the following flight if you declare your intention to be “to view the Grand Canyon,” but a search of your luggage turns up a wedding dress.
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7. Enter on A Student Visa, Get Married, And Return Home
Many foreign citizens are interested in getting married in the US while on a tourist visa, but they want to know if they can return to their home country after the wedding.
The rules prohibit getting married while on a tourist or visa waiver. You are undoubtedly permitted to get married and return to your home country before your status expires, but you must be prepared to show the CBP officer convincing proof that you intend to do so after the wedding.
Bring documents such as lease agreements, letters from employers, a return ticket, and/or proof that your US Citizen spouse truly plans to accompany you back to your country of residence.
8. No Excuse For Visa Fraud
Think again if you believe it will be simple to trick American immigration officials!
You might be charged with visa fraud if you break immigration laws. If fraud is established, you will suffer severe repercussions. You will need to at least go back to your native nation. Even worse, you can be permanently barred from entering the US, which would be very challenging to lift.
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What Happens When a U.S. Citizen Marries a Foreigner?
You might be wondering how to move in with your loved one here and how the process works now that they are an American citizen.
You are free from the drawn-out waiting periods connected with other family visa categories, such as siblings, even though the process initially seems difficult and strange because you are marrying or have married a U.S. citizen.
However, sponsorship is required, just like it is for all immigrants to the US. In this case, your American spouse will be your sponsor and will need to apply for your relocation so that you can live with them. You will both need to meet several standards to apply for and be awarded a green card.
Read More- How to Apply for a Student Visa in the Czech Republic: Requirements, Cost, Eligibility, & Process.
How Getting a Green Card Through Marriage Works
A marriage green card enables the spouse of a citizen or holder of a green card to reside and conduct business anywhere in the nation. A green card holder will have “permanent resident” status up until the point at which they decide to apply for citizenship.
To get a green card, a family member—in this case, your spouse—or an employer must sponsor you. Because of the strong demand, nearly all green cards often have wait times or caps.
The good news is that marriage green cards do not! As a result, you can apply for a green card as soon as you marry an American citizen.
A marriage green card enables the spouse of a citizen or holder of a green card to reside and conduct business anywhere in the nation. A green card holder will have “permanent resident” status up until the point at which they decide to apply for citizenship.
To get a green card, a family member—in this case, your spouse—or an employer must sponsor you.
Because of the strong demand, nearly all green cards often have wait times or caps.
Fortunately for you, marriage green cards do not! As a result, you can apply for a green card as soon as you become a citizen of the United States.
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Do you Automatically get a green card when you marry a U.S. citizen?
Yes, in many instances. The USCIS gives conditional permanent residency for two years since marriage is a relatively simple path to citizenship. The terms of residency must be removed, and you must submit Form I-751 after two years to obtain a permanent green card.
Your initial green card interview will result in a permanent green card if you have been married for two years.
Read More – Letter Of Sponsorship For Student Visa | Quick Tips & Requirements
How do you protect yourself from marrying a foreigner?
A marriage green card enables the spouse of a citizen or holder of a green card to reside and conduct business anywhere in the nation. A green card holder will have “permanent resident” status up until the point at which they decide to apply for citizenship.
To get a green card, a family member—in this case, your spouse—or an employer must sponsor you.
Because of the strong demand, nearly all green cards often have wait times or caps. The good news is that marriage green cards do not! As a result, you can apply for a green card as soon as you marry an American citizen.
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What happens if you overstay your visa and get married?
You might be contemplating, “I overstayed my visa after being married to an American. Do I have a chance of receiving a green card?” The short answer is yes, but not always.
For instance, you had a tourist visa from Peru when you entered the United States. Imagine you went on vacation in 2002 and planned to visit the world-famous Walt Disney World in Orlando, Florida.
You ultimately decided to change your mind and stay after your tourist visa expired for whatever reason. Oh NO!!! You were married more than two years ago after falling in love with an American citizen. Are you eligible to submit a US residence application?
Again, the first answer is “yes.” Your legal entry into the country is the first line of defense. If you haven’t been barred for any other reason, you can apply for an adjustment of status (to become a lawful permanent resident) even if you’ve overstayed your visa.
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Is it illegal to get married on a tourist visa?
Many foreign nationals applying for Adjustment of Status to get permanent residency in the United States ask if they are permitted to be married while in the country on a tourist visa.
You may have heard of people who got married while visiting the US on a tourist visa, decided not to go back home, and later managed to obtain permanent resident status.
Is it possible to change your status after receiving a tourist or visa waiver? After being married, is it legal for you to remain here?
After being married in the US, changing your status from a tourist visa to a visa waiver is still possible. People who can demonstrate that they entered the US with sincere tourist intentions and that the decision to stay permanently and/or get married was taken after entry are typically permitted to file adjustment status applications.
It can be challenging for some people to demonstrate that they did not come to the US to get married when they applied for an adjustment of status, but it is not impossible.
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What Happens If You Marry a Foreigner and Get Divorced?
The immigration status of your spouse may or may not change if you divorce them before they receive a green card. If they already have a green card, whether it will impact them depends on whether it was issued as a standard green card for ten years or a conditional green card for two years.
A conditional green card is granted when a couple has been married for less than two years. Your spouse with a conditional green card risks losing their residency status if you divorce them.
But only if you divorce your spouse after they have obtained a green card during the first two years of your marriage.
After filing for divorce, it could take six to twelve months for the divorce decree to be issued. To maintain permanent residency and obtain a 10-year green card, the foreign spouse must apply for a special waiver based on the divorce.
With that waiver, the spouse must demonstrate by supporting evidence and a personal statement that the marriage was entered voluntarily and not as a means of obtaining citizenship.
Read More- USA Student Visa Processing Time: How Long Does It Take
Can You Get Married in the U.S. with an expired visa?
Once more, the quick response is yes. The first justification is that you entered the country lawfully. You may apply for adjustment of status (to become a legal, permanent resident) even if you have overstayed your visa as long as you are not prohibited for any other reason.
To this rule, there are some exceptions. However, the procedure is straightforward (albeit not simple) for most people in these circumstances.
We deal specifically with cases of this nature. We can file a one-step adjustment and complete ALL of the paperwork for you if you entered the country legally, are married to a citizen, have not engaged in any unlawful activity, and have no criminal past (if you have, we can decide whether or not it will affect you).
You will soon be able to obtain a valid work visa, possibly advanced parole, and the capacity to acclimate to this country.
Also, you will have to prove that you have a bona fide marriage, but this will not become a public charge against the government. You deserve the discretionary decision to become a permanent resident.
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FAQs
If your spouse is a U.S. citizen and you currently live in the United States, it takes an average of 12-22 months
they may be allowed to apply for a green card under an adjustment of status
You can apply for a marriage visa to live with your spouse in the United States.
Conclusion
You should consider all the pros and cons of getting married on a tourist visa. It is wise to assess all possible options, including a fiancé visa, to avoid complexities when arriving in the U.S.
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