How Do I Marry a US Citizen While on a Student Visa and Legally Stay in the US?

03 Feb 2018

Moving on next question comes from Marlin. “And I’m currently in the United States on a student visa and want to marry my boyfriend a US citizen. What visa do I need and how do I get it?”

We get this question quite a bit and first and foremost just let you know a visa is used to enter the United States if you’re already in the United States more than likely you’re not gonna have to apply for another visa type. If you’re here on a student visa that allows you to stay in the United States for as long as you’re attending school and as long as you’re meeting all the requirements of that visa. Now if you would like to adjust status or apply for a lawful permanent resident card you can do that by creating an account on our website, answering a few questions in our online questionnaire and we’ll take care of the rest. We offer full support for that, if you decide to do it on your own you can download the required forms at the USCIS and follow their instructions.

Just to let you know that the adjustment of status is a very lengthy and complicated process, we see a lot of RFE request for evidence for the AOS adjustments of status a lot more than we see with the fiancee visa and spousal visa but, so to answer your question you don’t really need a visa if you’re already here.

Now if you do decide that you need to leave the country go back to your home country or something like that and you’re married, then you would file for what it’s called the cr1 spousal visa .Now if
you go back to your home country and you’re not married then you would probably be looking at the k1 fiancee visa. Again I’m not exactly sure what your situation is going to be in the future so I’m just trying to cover all bases as well as for our audience to let you know the many different options that you have out there.

Disclaimer: The contents of this post were accurate to the best of our knowledge at the time of publishing. Immigration is constantly changing, and old information often becomes outdated, including procedures, timelines, prices, and more. Take note of the publish date. For archival purposes, these posts will remain published, even if new information renders them obsolete. Do not make important life decisions based on this content. No part of this post should be considered legal advice, as RapidVisa is not a law firm. This content is provided free of charge for informational purposes only. If anything herein conflicts with an official government website, the official government website shall prevail.

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