QUESTION

If I get married to a US Citizen, will I be able to file for a green card without the consent of my parents?

Asked on Jul 19th, 2013 on Immigration - New York
More details to this question:
I am a 19-year old F1 Visa holder and my fiance is an 21-year old American citizen. We've been talking about marriage and eloping, without the consent of my parents. They do not approve of his race or religion. The Spring semester of 2014 will be my last semester in college, though I will not be finishing my degree. Will I be able to file for an AOS or a green card?
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6 ANSWERS

You do not need your parents' consent for filing an application for a green card, just like the law does not require you to obtain their consent for your marriage in this country. If your fiance has sufficient income to qualify as your sponsor on Form I-864 Affidavit of Support (or finds someone to become a co-sponsor), there should not be too many problems with your becoming a permanent resident. However, I would suggest that you stay in school until you get your degree and keep your F1 status. If you apply for adjustment of status 2 years or longer after your marriage, the process will be a bit easier, about $500 cheaper, and, most importantly, the green card you will receive will be a permanent one, not a temporary, conditioned on continuation of your marriage. Young marriages fall apart quite often. If your love does not last 2 years, you would still be legal in the U.S. as an F1 student and not be locked in a dead marriage by fear of deportation. Not completing your degree while your parents pay for it is not a particularly bright idea. Besides, it is very likely that your parents disapprove of your fiance partly because they think marriage would cause you to cut short your education; if you continue your studies after getting married, your parents might change their attitude towards your marriage and your husband.
Answered on Jul 31st, 2013 at 11:53 PM

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Immigration Attorney serving Downey, CA at Herrera & Juelle LLP
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Yes, you will be able to apply for a green card. Since you are over 18 years old, you are an adult and can make your own legally binding decisions. That includes choosing who to marry, when to marry, and applying for a green card. Make sure you stay in status until you are ready to file for your green card (i.e. stay in school).
Answered on Jul 31st, 2013 at 11:53 PM

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Adebola O. Asekun
As a 19 year old, you are above the minimum age to marry without your parents' consent and if you do marry your US citizen boyfriend, he can file a petition for you to get your green card. I will advise you to retain the services of s reputable immigration attorney for your case.
Answered on Jul 31st, 2013 at 11:53 PM

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Immigration Law Attorney serving San Francisco, CA at Richard S. Kolomejec
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You can marry without your parents' consent as long as you are over the age of 18 in California. So you can also file for the green card.
Answered on Jul 31st, 2013 at 11:53 PM

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You are no longer a minor and in most jurisdictions you are permitted to marry. Whether or not it will be a negative point on your immigration matter is a separate issue but you can definitely get married without the consent of your parents.
Answered on Jul 31st, 2013 at 11:53 PM

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Immigration Attorney serving Van Nuys, CA at Law Offices of Hussain & Gutierrez
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Yes you can file for adjustment of status after marriage to a US citizen. In California If you are over 18 years of age you do not need parental consent for marriage.
Answered on Jul 31st, 2013 at 11:53 PM

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