If you get married while on a student or work visa, your situation will depend on your spouse’s immigration status, with the possibility of enabling you to adjust your status to become a lawful permanent resident (LPR) in some cases.
To learn more about the options available to you and how marriage could impact your immigration status in Chicago, call Khalaf & Abuzir, LLC at 708-233-1122 to consult a U.S. immigration attorney.
How Marriage Affects Your Student or Work Visa Status in the U.S.
In a recent year, there were approximately 3.6 million nonimmigrants in the U.S., many of whom have H-1B or other work visas or student visas.
You might wonder what options are available to you through marriage while on a visa as a student or worker in the U.S. Depending on the situation, you may be able to adjust your immigration status to obtain a permanent resident card.
The following are considerations in determining how marriage to a U.S. citizen could impact your immigration status:
The Ability to Adjust Immigration Status
If you got married to a U.S. citizen on a work or student visa, you may be able to apply for lawful permanent resident (LPR) status to live and work in the U.S. through spouse immigration.
To get a green card through marriage, your spouse has to file a petition through Form I-130, Petition for Alien Relative. This document helps prove your relationship to your spouse.
At the same time, you will need to complete and submit Form I-485, Application to Register Permanent Residence or Adjust Status, with U.S. Citizenship and Immigration Services (USCIS), which could put you on the path to obtaining LPR status.
The Timing of Your Application
You should submit your application immediately after getting married and before your student or work visa expires. The sooner you apply for adjustment of status, the more efficient the process will be.
Marrying a Non-Immigrant
In some cases, students or workers might marry non-immigrants, such as other students or co-workers. In these cases, adjustment of status may not be possible, but it may be possible to get an F-2 or another type of dependent visa if the spouse has a temporary visa, such as an F-1.
If you are a student, you may still need to leave the U.S. upon graduating or dropping out.
Immigration Options for Student Visa Holders
Individuals in the country on a student visa have multiple immigration options available to them, depending on their circumstances.
These opportunities include:
- Optional Practical Training (OPT) for F-1 and M-1 holders to gain 12 months of temporary employment authorization applicable to their field of study following graduation
- Academic Training (AT) for J-1 visa holders to continue training after completing their visa program
- H-1B and other work visa options if visa holders qualify with “specialized knowledge” or “extraordinary abilities,” as well as nonimmigrant work visa options
- Green card through adjustment of status, which could be available through a spouse as a sponsor
- Asylum for individuals who fear or have experienced persecution for a protected characteristic in their country of origin
- Continuing education in the U.S. with another degree program
Contact an Immigration Lawyer in Chicago Today
If you are not sure what options you have as a student or worker in the U.S. after marriage, naturalization and citizenship lawyers can help you.
An experienced family immigration lawyer can review your case to determine whether you can seek adjustment of status or another visa option. In the process, he or she may be able to help you meet all eligibility requirements and complete all necessary paperwork, increasing your chances of a successful application.
There are other areas where an immigration attorney could help, depending on the situation.
For example, you may need to find out whether you can travel while an immigration case is pending as you apply for another visa type. Additionally, an attorney could help you avoid deportation if Immigration and Customs Enforcement (ICE) or another government agency detains you and begins the removal process.
Ultimately, it’s in your best interest to consult a lawyer to get the best results.
To speak with a knowledgeable team of immigration attorneys in Chicago, contact us today at Khalaf & Abuzir, LLC.
FAQs
Can getting married change my student or work visa status?
To change your immigration status after getting married while on a student or work visa, you need to apply for an adjustment of status with USCIS. If eligible, you may be able to obtain a permanent resident card through a marriage visa.
What immigration benefits are available to spouses of visa holders?
Spouses of visa holders may qualify for various benefits, depending on the type of visa the spouse possesses. For example, spouses of LPRs may be able to obtain a marriage-based visa to gain legal resident status, while spouses of temporary workers may be able to obtain H-4 visas and work permits to live and work in the U.S.
How do I adjust my status after marriage if I’m on a student or work visa?
If you are on a student or work visa and want to adjust your status to become an LPR or obtain another visa after marriage, you need to have your spouse file a Form I-130 petition to qualify you as an “immediate relative,” and you must file Form I-485 to adjust your status. You will also need supporting documentation to prove your relationship and eligibility, including marriage and birth certificates.
