QUESTION

Can a student with an out of status student visa who is not enrolled marry a US citizen?

Asked on Jul 03rd, 2013 on Immigration - California
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13 ANSWERS

Yes, you can marry a Us citizen.
Answered on Jul 15th, 2013 at 9:23 PM

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You can marry a US citizen regardless of your immigration status as long as you meet the requirements for marriage in the state of your residence.
Answered on Jul 08th, 2013 at 11:01 AM

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Adebola O. Asekun
Certainly, you can.
Answered on Jul 07th, 2013 at 8:22 PM

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Bruce A. Coane
Generally, yes, of course.
Answered on Jul 07th, 2013 at 8:21 PM

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Immigration Attorney serving Van Nuys, CA at Law Offices of Hussain & Gutierrez
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Yes an out of status student can marry a US citizen, there are no restrictions in marry somebody who is out of status.
Answered on Jul 05th, 2013 at 7:23 PM

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You may always marry. It is your decision, not anyone's else.
Answered on Jul 05th, 2013 at 5:56 PM

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Intellectual Property Attorney serving Menlo Park, CA at Sheppard Mullin
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Yes. File immigration paper after you marry.
Answered on Jul 05th, 2013 at 2:50 PM

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You can marry. You can also apply for a green card as long as you entered the U.S. lawfully.
Answered on Jul 05th, 2013 at 2:48 PM

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Yes, a student can marry whoever he or she wants (well, almost whoever: blood relatives are excluded, as are persons who are already married; and consent of the person you wish to marry is usually required). In the U.S., the right to marry is not contingent on one's immigration status or enrollment into an institution of higher learning. You did not ask, but I guess you might wish to know what consequences a marriage to a U.S. citizen might have for your immigration status. The U.S. spouse can file a packet of documents with the U.S. Citizenship & Immigration Services. One of these documents, Affidavit of Support, has to show that the U.S. spouse has enough income to support the alien spouse. If neither spouse has children or other dependents, the U.S. spouse needs to show income over $19,387; with one dependent - $24,412; with 2 dependents - $29,437; etc. If the U.S. spouse does not have the required minimum income, the couple would need a co-sponsor. A co-sponsor does not have to be your relative, but does have to be a U.S. citizen or permanent resident. If everything is done right, the alien spouse can expect to receive a green card in 8-12 months. It will be a temporary green card conditioned on continued marriage to the U.S. citizen. If the marriage falls apart, the alien spouse loses status and has to leave the U.S. or become subject to deportation. If, however, the couple stays together, they will have to file a petition for a permanent green card. Again, if everything is done right, the alien spouse should receive a permanent green card 2 years after the first green card was issued. To have everything done right, you should retain an immigration attorney. Alternatively, you can try handling your case yourself, with an advice from the Internet or with help of a *notario* or another sort of a non-attorney "immigration consultant", wait until USCIS denies your application and places you in removal proceedings, and then retain an attorney. The second scenario will cost you about $10000 more and does not guarantee that you will get a green card.
Answered on Jul 05th, 2013 at 11:43 AM

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Employment & Labor Attorney serving Salt Lake City, UT at Sharon L. Preston, P.C.
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Yes, an out of status student can marry a U.S. citizen, and the U.S. spouse citizen can file an immigrant relative petition for that student. To be eligible for adjustment of status (Permanent Residence), a person has to show that their entry into the U.S. was "with inspection", so in this case since the student entered the U.S. with a student visa (i.e., with inspection), he or she would be eligible for adjustment of status. The student would have to prove to the USCIS that the marriage is a bona fide marriage, where the couple intends to make a life together, and it's not just for immigration purposes.
Answered on Jul 05th, 2013 at 10:42 AM

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Immigration Law Attorney serving Chicago, IL
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Yes, however, it is unclear whether the adjustment of status to lawful permanent resident status will be approved.
Answered on Jul 05th, 2013 at 10:00 AM

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Immigration Law Attorney serving San Francisco, CA at Richard S. Kolomejec
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Yes. You can marry a US citizen and apply for your green card in the US. If done correctly, the entire process should take only 3 months from start to finish. And there is no penalty for the overstay.
Answered on Jul 05th, 2013 at 9:53 AM

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It is not against the law to get married. In regard to immigration law, it is against the law to marry for the purpose of gaining an immigration benefit (marriage fraud). If you marry and your intentions are sincere, you should have no trouble getting a green card. You should consult with an Immigration Attorney who can walk you through the process and help you with the legal paper work.
Answered on Jul 05th, 2013 at 9:33 AM

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