Are you a foreign student in the US and have fallen in love with an American citizen? Or perhaps you’re an American who has fallen in love with a foreign student. Can You Marry Someone on a Student Visa?
Whatever the case may be, you may be wondering if it’s possible to marry someone on a student visa.
The answer is yes, but there are some important things to know and consider.
In this blog post, we’ll guide you all everything you need to know considering marriage on a student visa.
Can You Marry Someone on a Student Visa?
First, you need to understand that a student visa is a non-immigrant visa, which means it’s not intended for those who plan to stay in the US permanently.
However, if you fall in love and decide to get married, you may be able to apply for a change of status to a spousal visa, such as a K-1 fiancé(e) visa or a spousal visa like the IR-1 or CR-1.
Eligibility Requirements for Marriage on a Student Visa
To be eligible to marry on a student visa,
1. You must be currently enrolled in a full-time course of study at a SEVP-certified school.
2. You must be in good academic standing and making normal progress towards completing your course of study.
3. You must maintain valid F-1 status and comply with all immigration regulations.
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The Marriage Process on a Student Visa
If you meet the eligibility requirements, you can begin the marriage process below
1. File a petition with USCIS:
The first step is to file a petition with US Citizenship and Immigration Services (USCIS) on Form I-130, Petition for Alien Relative.
This form specifies the relationship between you and your spouse.
2. Apply for a K-1 or spousal visa:
Once the petition is approved, you can apply for a K-1 fiancé(e) visa or a spousal visa like the IR-1 or CR-1.
If you’re already married, you’ll apply for a spousal visa.
If you’re not yet married, you’ll apply for a K-1 visa, which allows you to enter the US to get married.
3. Attend an interview at a US embassy or consulate:
After your application is approved, you’ll attend an interview at a US embassy or consulate in your home country.
This is where you’ll be asked questions about your relationship and your plans for the future.
4. Enter the US and get married:
If your visa is approved, you can enter the US and get married within 90 days for a K-1 visa or immediately for a spousal visa.
5. Apply for adjustment of status:
Once you’re married, you can file for an adjustment of status to become a lawful permanent resident (LPR).
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Pros and Cons of Marrying on a Student Visa
Can You Marry Someone on a Student Visa
Like any major life decision, there are pros and cons to consider when it comes to marrying on a student visa.
Pros
- You can stay in the US with your spouse while you adjust your immigration status.
- You may be eligible for work authorization while your adjustment of status application is pending.
- You can avoid the lengthy and expensive immigrant visa process.
Cons
- You may be required to leave the US and apply for a visa from your home country, which can be time-consuming and expensive.
- If your adjustment of status application is denied, you may be required to leave the US immediately.
- You may face scrutiny from immigration officials regarding the authenticity of your relationship.
Conclusion
Can You Marry Someone on a Student Visa
Marrying on a student visa is possible, but you need to understand the eligibility requirements and the process involved.
In this guide, we have answered all of your answers to the question “Can You Marry Someone on a Student Visa”
If you follow the steps outlined in this blog post and consult with an experienced immigration attorney, it will be easier to find your way around successfully application process and start your marital life together in the US.
Do you have any questions about marrying on a student visa? Have you gone through the process yourself? Share your thoughts and experiences in the comments section below!
FAQs About Can You Marry Someone on a Student Visa?
Can I work while my adjustment of status application is pending?
Yes, you may be eligible for work authorization while your adjustment of status application is pending.
Can I travel outside the US while my adjustment of status application is pending?
It’s not recommended to travel outside the US while your adjustment of status application is pending, as you may be denied reentry.
How long does the adjustment of the status process take?
The adjustment of status process can take several months to a year or more, depending on the circumstances of your case.
Can I apply for a green card while on a student visa?
You can apply for a green card through marriage while on a student visa, but you will need to adjust your status or apply for a visa from your home country.
Can I attend school while my adjustment of status application is pending?
Yes, you can continue to attend school while your adjustment of status application is pending.