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How To Go from US Student to US Spouse
You are a student in the US on a student visa and you intend to marry an American citizen. Here are the basic steps that you have to take to apply for your green card. Difficulty: Average Time Required: Up to 2.5 years Here's How:- Don't leave the US without travel permission. Doing so will jeopardize your status. A student visa is no longer valid once you get married and could be considered fraudulent even if you are only *planning* to marry.
- Get married! You may need to first apply for the license at the local country clerk's office. Check with your officiator. You must marry within the specified time and return the license for authentication. No pre-marriage USCIS procedures.
- Get forms I-485, G-325A, I-693, I-864, I-765, I-94. Make sure your spouse's income is over 125% of the poverty level, or find a co-sponsor. The spouse must still be the primary sponsor. Fill out forms, assemble required documents.
- Make copies for the USCIS of official documents, like passports; don't send originals. Send all paperwork to the proper USCIS office via certified/return receipt. Keep a copy of everything for yourself too.
- Wait. Processing times for a Green Card can be two + years, depending where in the U.S. you live. The work permit should be issued sooner: Average wait time: 60 days; could be shorter or longer.
- If you have to leave the country while waiting for permanent status, you must apply for Advance Parole, which is travel permission. Average waiting time: 30-90 days. Most people apply at the time of filing for Adjustment of Status.
- Save love letters, airline tickets, photos, leases, joint bills and all other proof of legitimate marriage. Prepare yourself: Sometimes the interview questions are very personal and embarrassing. It all depends on the interviewer.
- Work on your marriage, get used to the U.S., and don't break the law! The slightest brush with the law could mean denial and could get you deported. If anything does happen along these lines, getting an attorney is your first step.
- On the day of the interview: be prepared, answer truthfully and keep cool. If all goes well, your Green Card should be on its way! Tell everyone to send you a congratulations card from our immigration site!
Tips:- USCIS details can change frequently. The forms can be very confusing and making mistakes can mean delays or denial. Consider getting an attorney and be a sleuth in doing so: Inexperienced immigration attorneys can do more harm than good.
- For additional help and answers, research our site or visit our forum and chat room.
- You will get a conditional Green Card first. After two years you *must* file for Removal Of Conditional Status to maintain good standing. If the USCIS does not interview you before two years, you will get a permanent card the first time around.
- NOTE: The USCIS used to be known as: The CIS, the BCIS, the INS.
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