Student Visa and Marriage

[Deveeqo 0]

Hi,

My girlfriend and I are thinking about marriage. She is here on a student visa from Venezuela and she is also Canadian citizen. Were do i start and want is the best way to approach the process for her to be a perminent resident. Thanks

[Fischkoepfin 1]

Hi,

My girlfriend and I are thinking about marriage. She is here on a student visa from Venezuela and she is also Canadian citizen. Were do i start and want is the best way to approach the process for her to be a perminent resident. Thanks

What type of visa does your girlfriend hold? It's important to know before giving you the appropriate answer.

Edited February 9, 2006 by Fischkoepfin

[john_and_marlene 162]

Hi,

My girlfriend and I are thinking about marriage. She is here on a student visa from Venezuela and she is also Canadian citizen. Were do i start and want is the best way to approach the process for her to be a perminent resident. Thanks

I guess you start by getting married

Then apply for Adjustment of Status.

This is possible as long as she doesn't leave the country until after you are married and apply for adjustment of status.

Now that you are thinking about getting married, she can't leave and come back with the expectation that you can still marry and adjust status because there would be an intent to immigrate (stay here) after you marry and that would be fraud.

Right now she enterred the U.S. not for marriage and it just happens that she now wants to get married -- no intent to immigrate when she enterred -- no fraud.

[john_and_marlene 162]

Hi,

My girlfriend and I are thinking about marriage. She is here on a student visa from Venezuela and she is also Canadian citizen. Were do i start and want is the best way to approach the process for her to be a perminent resident. Thanks

I guess you start by getting married

Then apply for Adjustment of Status.

This is possible as long as she doesn't leave the country until after you are married and apply for adjustment of status.

Now that you are thinking about getting married, she can't leave and come back with the expectation that you can still marry and adjust status because there would be an intent to immigrate (stay here) after you marry and that would be fraud.

Right now she enterred the U.S. not for marriage and it just happens that she now wants to get married -- no intent to immigrate when she enterred -- no fraud.

If she leaves before you are married, you have 2 choices:

1. Subsequently marry her and apply for CR1/K3

2. Apply for K1

Both of these choices will require her to wait outside the U.S.

If you marry and she leaves before applying for AOS and AP then you will have to apply for CR1/K3

My original suggestion allows her to stay here with you.

[zyggy 9]

If she is here on an F1 visa, you can get married and adjust status by filing an I-130 and an I-485 to the Chicago lockbox. However realize that once the I-130 is filed, she will no longer be in an F1 status, but will be an adjustment applicant and will require AP to leave the country.

I suggest that you have a consultation with an immigration attorney that is experienced in family adjustment cases to find out more information based on the details of your current situation.

[Fischkoepfin 1]

Again, how to proceed depends on the type of visa she holds currently. There's more than one student visa category and the differences between both are significant. Hence my question.

There is a slight chance that she will be unable to adjust status, and once she's married, she will also not be able to get another student visa (marriage to a US-citizen counts as immigration intent) which would mean she cannot travel at all anymore.

The other important question would be how long she has been here on her student visa and if she received the visa before getting engaged?

[Deveeqo 0]

Again, how to proceed depends on the type of visa she holds currently. There's more than one student visa category and the differences between both are significant. Hence my question.

There is a slight chance that she will be unable to adjust status, and once she's married, she will also not be able to get another student visa (marriage to a US-citizen counts as immigration intent) which would mean she cannot travel at all anymore.

The other important question would be how long she has been here on her student visa and if she received the visa before getting engaged?

Thanks for your advice. Next time I talk to her I will ask her what type of student visa she has. She has been here for 6 months. I meet her before she recieved her student visa but I'm not her hosting party. We started thinking about marriage after she arrived here.

[Deveeqo 0]

Again, how to proceed depends on the type of visa she holds currently. There's more than one student visa category and the differences between both are significant. Hence my question.

There is a slight chance that she will be unable to adjust status, and once she's married, she will also not be able to get another student visa (marriage to a US-citizen counts as immigration intent) which would mean she cannot travel at all anymore.

The other important question would be how long she has been here on her student visa and if she received the visa before getting engaged?

She has an F1 visa

[Fischkoepfin 1]

Well, that's good. F1 visa means there are no conditions connected to the visa. So, you can marry her in the US and adjust status afterwards (I-130 + I-485). As long as her visa is valid, your future wife can leave and enter the country. Once you've filed for adjustment of status your then-wife will need Advance Parole to leave until she receives her green card.

Because your fiance has only been in the US for 6 months, there is still a slight chance that USCIS will assume she had immigration intent when applying for the student visa, so be prepared to answer questions regarding that in the interview and to produce evidence supporting her status as a student in addition to materials in support of your relationship. Since you do now plan to marry, your wife cannot extend her visa; she can however continue to study because this does not affect her student status as long as she stays in the US.

Your wife can continue working towards her degree and, if she has the permission in connection with the F1, to work on campus. While the visa in the passport will be deemed invalid while filing for adjustment, the I-90 (which is the USCIS-form documenting her status as a student) will continue to be valid until the adjustment has been processed and approved/denied.

If you prefer to marry abroad, you need to petition USCIS (I-130) so that she can reenter the country. This process, however, takes a while; you can get her back into the US more quickly if you also file for K3, but then you'll end up having to adjust her status again. K3 is normally quicker then waiting for I-130, but that is not guaranteed and it also takes a few months.

In short, marrying in the US will save you having to deal with an indeterminate-length separation; you would just have to adjust status afterwards. The alternative would be to marry abroad and petition for her return. To find out more about the immigration process check out the guides-section on the site (you can skip the K1-part since it does not apply).

[Deveeqo 0]

Well, that's good. F1 visa means there are no conditions connected to the visa. So, you can marry her in the US and adjust status afterwards (I-130 + I-485). As long as her visa is valid, your future wife can leave and enter the country. Once you've filed for adjustment of status your then-wife will need Advance Parole to leave until she receives her green card.

Because your fiance has only been in the US for 6 months, there is still a slight chance that USCIS will assume she had immigration intent when applying for the student visa, so be prepared to answer questions regarding that in the interview and to produce evidence supporting her status as a student in addition to materials in support of your relationship. Since you do now plan to marry, your wife cannot extend her visa; she can however continue to study because this does not affect her student status as long as she stays in the US.

Your wife can continue working towards her degree and, if she has the permission in connection with the F1, to work on campus. While the visa in the passport will be deemed invalid while filing for adjustment, the I-90 (which is the USCIS-form documenting her status as a student) will continue to be valid until the adjustment has been processed and approved/denied.

If you prefer to marry abroad, you need to petition USCIS (I-130) so that she can reenter the country. This process, however, takes a while; you can get her back into the US more quickly if you also file for K3, but then you'll end up having to adjust her status again. K3 is normally quicker then waiting for I-130, but that is not guaranteed and it also takes a few months.

In short, marrying in the US will save you having to deal with an indeterminate-length separation; you would just have to adjust status afterwards. The alternative would be to marry abroad and petition for her return. To find out more about the immigration process check out the guides-section on the site (you can skip the K1-part since it does not apply).

Thanks again for your help.