Can a Green Card Holder Marry an International Student

F-1 Visa to Light-green Card through Marriage

Many international students come to study in the United States each year. While some students plan to render to their domicile countries later they complete their grade of study, others wish to remain in the U.Due south. and get a Light-green Bill of fare. Virtually students who have an F-ane visa and wish to remain in the U.South. try to alter their condition past finding an employer to sponsor them, usually first for a temporary visa, and and then eventually for permanent residency. There are besides numerous F-1 students who meet and autumn in honey with an American while studying in the U.S. and decide to marry. This opens a new possible path – a Dark-green Carte du jour through matrimony.

If you are considering marrying your American beau or girlfriend, information technology is important that you are doing that because you truly love that person and want to spend the rest of your life with them. Marrying someone solely for the purpose of obtaining a Green Carte du jour is considered fraud and is a crime. USCIS (United States Citizenship and Immigration Services) requires a considerable amount of evidence to evidence that you have a bona-fide marriage.

There are two ways to receive a Light-green Card through marriage:

one.  Marriage to a U.S. denizen: Your U.S. citizen spouse can sponsor you for a Green Card as soon as you are married and able to complete and submit the filing. There is no waiting flow to apply and there is no limit on the number of immigrant visas issued per yr. That means that the immigrant visa can exist issued every bit soon as the paperwork can be candy. While there is no waiting period to apply, the Green Carte du jour will be granted on a conditional basis if your marriage is less than two years old.

2.  Marriage to a Permanent Resident: If your spouse has a Dark-green Menu, they tin also sponsor you for permanent residency. But different marriages to U.S. citizens, in that location is a cap on the number of immigrant visas that can be granted per year, which frequently results in a waiting period.

The Process for Green Carte du jour through Marriage

1.  Establishing the Matrimony:

Form I-130, Petition for Conflicting Relative, is used to demonstrate that that a legitimate marriage exists between you and your U.South. denizen or permanent resident spouse. While form I-130 is used to institute any eligible family unit relationship, the class I-130A supplement is also required if your spouse is sponsoring you.

In addition to the form, you lot must provide testify that your spouse is either a U.S. denizen or permanent resident and proof of a legitimate matrimony. Typical evidence includes a copy of U.S. birth certificate, U.S. passport or Document of Naturalization, a copy of your marriage document and copies of spousal relationship termination documents if either of yous has any previous spousal relationship. Y'all must also provide prove to prove the spousal relationship is entered in skillful-faith. Such evidence may include joint nascence certificates of any children you have together, and documents showing joint ownership of holding or articulation financial liability. Learn more about how to prove a marriage is real in our article Evidence of Bona Fide Marriage.

2.   Establishing Eligibility with Class I-485 Adjustment of Status or Consular Processing:

If you are already in the U.South., you might exist eligible for I-485 adjustment of status, which allows you to receive your Green Card without leaving the U.S.  In society to be eligible for adjustment of status, you lot cannot be considered inadmissible to the U.Due south. for reasons such equally a criminal history or a disqualifying health condition. If you married to a permanent resident, you lot must be in legal status when filing the aligning of status with USCIS.

Not sure you lot are eligible for aligning of status? Yous tin free cheque eligibility through DYgreencard.com without providing whatsoever personal information. When y'all are set up for applying for green card through marriage, our professionals tin can help you handle the application from the beginning to the end at an affordable price.

Practiced news is that Form I-485 tin be concurrently filed with Course I-130. As with form I-130 you must also submit supporting testify with class I-485. Required bear witness includes copies of your passport, nativity certificate, passport photos, proof of your legal entry to the U.Due south., and proof of keeping legal status in the U.S if y'all married a permanent resident. You lot must besides submit class I-864 to bear witness that you and your spouse have the financial means to support yourselves.

You might also want to submit forms I-765 for work permit and I-131 for accelerate parole so you are able to work and travel outside the U.South. while your I-485 aligning of status awarding is pending with USCIS. Merely be careful to have any international travel while the instance is pending because in some situations that might impede your application. Larn more near it in our commodity Accelerate Parole Travel While I-485 is Pending with USCIS.  A class I-693 medical exam report is also required, though some people cull to wait until their interview to submit this.

If you are outside the U.S. or are not eligible for adjustment of status, you will receive your Green Card through consular processing, meaning you will interview for your Light-green Card at a U.S. consulate in your home country or the country you have permanent residence. If you are not eligible to adjust your status, there are some circumstances where you can receive a waiver.

At DYgreencard.com, we may set a complete marriage-based green bill of fare application package at an affordable toll. The entire awarding package is thoroughly reviewed by an immigration lawyer with all-encompassing feel in marriage green card. Learn more if married a U.S. citizen, or learn more if married a permanent resident.

three. Green Card Interview and Blessing Process:

You volition receive an I-485 interview notice nearly 5-7 weeks before your interview. If you employ for aligning of status, both you and your spouse will need to announced. The interview find will list documents that you volition demand to bring with you. You can expect to be questioned by the USCIS officer to determine that your spousal relationship is legitimate and that you are living together. Your application will be approved if the officer decides that you accept a bona fide marriage, you can back up yourselves and that you are otherwise eligible to receive a Light-green Card. Acquire more than about how to fix an I-485 interview in our article I-485 Aligning of Condition Interview FAQ.

If you are outside of the U.S., your wedlock dark-green bill of fare interview will instead take place at a U.S. consulate in your dwelling country or the country you lot have permanent residence. Generally, information technology is not mandatory for your spouse to appear at the interview with you. Nevertheless, it is advisable for him or her to exist reachable via telephone at the time of your interview.

The Timing to Go Married

Timing is also another important consideration. You will want to advisedly plan to minimize the time you have to spend apart and to ensure that you lot are not doing anything that could potentially jeopardize your immigration process.

For instance, how soon should you get married? You might desire to marry shortly after you graduate considering your status equally an international pupil is expiring. If y'all take OPT (Optional Applied Training) status, you receive employment authority for anywhere from i to three years post-graduation.  This can allow you lot to plan a wedding with fewer time constraints.

Another timing consideration is the 90-twenty-four hour period rule.  If you enter the U.S. on an F-1 visa and marry within 90 days, this can exist considered a violation of the terms of your visa. An F-1 visa is a temporary visa and when yous receive it y'all are like-minded that you do not plan to remain in the U.Southward. permanently. If you marry inside xc days of arrival USCIS will believe that you entered the U.S. with the intention of remaining permanently. Optimally, the best time to become married would exist after y'all take been in the U.S. for 90 days on your F-ane visa, but before it expires.

For various reasons, information technology does not ever work out that way. You might end upwardly planning to marry after your F-1 visa status ends. What should y'all do then? If you married a U.Due south. citizen, you may file I-485 aligning of status even if your F-i visa status has ended. If y'all married a permanent resident, you must file I-485 earlier your F-one visa condition ends. If you fail to go along your F-ane status and your spouse is a permanent resident, your option really depends on your personal circumstances. Specifically, if you accept been out of status for more than 180 days, the all-time choice is that take your spouse become a U.S. denizen and then you use for aligning of status. If you lot have been out of condition for less than 180 days, yous can exit the United States and apply for dark-green card through consular processing.

USCIS Processing Times for Greenish Carte through Spousal relationship

1.  Marriage Green Card through Adjustment of Status: Honestly, marriage-based dark-green bill of fare process is lengthy. If you utilize for spousal relationship greenish card through adjustment of condition, the processing times much depends on your local USCIS office'south caseload. Some local office's processing times for this type of awarding is only 3 months on average while some local offices will take about 24 months. Which local office has jurisdiction over your application is determined past your physical address. Then you don't accept much command on it unless you actually move and duly report modify of accost to USCIS. If you married to a permanent resident, the processing times for your marriage dark-green carte du jour awarding will exist longer considering at that place is a waiting catamenia for the availability of immigrant visa number. If you'd like to have step-by-step guides near union-based adjustment of status, you lot may check our commodity How to Apply for Spousal relationship Green Card through Adjustment of Status? Or just start the application today.

2.  Wedlock Dark-green Card through Consular Processing: If you married a U.Due south. denizen, the whole processing times for y'all to obtain a green card is 12 months on average. If you married a permanent resident, it will accept about xviii-24 months. If y'all'd like to take step-by-step guides about marriage-based consular processing, you may cheque our article How to Apply for Green Carte for Spouse through Consular Processing? Or just starting time the application today.

DYgreencard — Application preparation + lawyer review, at an affordable price.

(Copyright by DYgreencard.com. To copy or distribute any of its content must be marked with the sentence "copied or distributed from DYgreencard.com".)

adamssomprood.blogspot.com

Source: https://dygreencard.com/immigration-resources/f1-visa-to-green-card-through-marriage/

Share this post