Can I get married in a foreign country on a student visa?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can I get married in a foreign country on a student visa?
I am an Ecuadorian citizen here studying in the U.S. on a student visa. I have a fiance who is a U.S. citizen and we plan to get married. We really want to marry in another country. I was wondering if I keep my student visa status if we get married in a foreign country and how can I apply for a visa change in the U.S.?
Asked on August 15, 2017 under Immigration Law, Arizona
Answers:
SB Member California Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Yes, you can do that but it can cause issues for you to return to the US as a spouse of a US citizen with intent to immigrate while you are traveling on a student visa which does not allow for immigrant intent. First of all, you have to learn what the requirements for getting married in a different country are and whether you satisfy those requirements. Secondly, if you still pursue this and return to the US on the F-1 visa, you will not be able to start the process of adjustment of status for about 3 months after you enter. I would probably advise against this and suggest that you get married at least officially (you can then have a second wedding/party/celebration wherever you want) and file for your adjustment of status in the US on the basis of marriage to a US citizen. Once you get your advance parole travel document, then you can travel anywhere without risking the student visa status.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.