Can a student with an out of status student visa who is not enrolled marry a US citizen? 17 Answers as of July 15, 2013

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Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
Yes, you can marry a Us citizen.
Answer Applies to: California
Replied: 7/15/2013
Law Offices of Grinberg and Segal
Law Offices of Grinberg and Segal | Alexander Segal
Yes. You can marry a U.S. citizen. Whether you can successfully petition for permanent residence will depend upon more information.
Answer Applies to: New York
Replied: 7/8/2013
Law Office of Pho Ethan Tran PLLC
Law Office of Pho Ethan Tran PLLC | Pho Ethan Tran
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.
Answer Applies to: Texas
Replied: 7/8/2013
Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
Yes, you may most certainly marry a U.S. Citizen, and then petition for your spouse as an immediate relative without any waiting period.
Answer Applies to: California
Replied: 7/7/2013
Law Office of Adebola Asekun | Adebola O. Asekun
Certainly, you can.
Answer Applies to: New York
Replied: 7/7/2013
    Immigration Law Offices, LLP
    Immigration Law Offices, LLP | Fakhrudeen Hussain
    Yes an out of status student can marry a US citizen, there are no restrictions in marry somebody who is out of status.
    Answer Applies to: California
    Replied: 7/5/2013
    Roberts Immigration Law Office, Ltd. | Susan M. Roberts
    The short answer is yes, they can get married. The student entered with inspection, so the student should be eligible to adjust his status to permanent resident after the marriage.
    Answer Applies to: Minnesota
    Replied: 7/5/2013
    Christian Schmidt, Attorney at Law
    Christian Schmidt, Attorney at Law | Christian Schmidt
    You can marry. You can also apply for a green card as long as you entered the U.S. lawfully.
    Answer Applies to: California
    Replied: 7/5/2013
    Baughman & Wang
    Baughman & Wang | Justin X. Wang
    Yes. File immigration paper after you marry.
    Answer Applies to: California
    Replied: 7/5/2013
    Vladimir Parizher
    Vladimir Parizher | Vladimir Parizher
    You may always marry. It is your decision, not anyone's else.
    Answer Applies to: California
    Replied: 7/5/2013
    Havens & Lichtenberg PLLC
    Havens & Lichtenberg PLLC | Michael Lichtenberg
    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.
    Answer Applies to: New York
    Replied: 7/5/2013
    Preston & Brar, LLC | Jesse Brar
    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.
    Answer Applies to: Utah
    Replied: 7/5/2013
    Law Offices of N.J. SAEH PC | Noel J. Saleh
    Yes and they can file for adjustment of status simultaneously.
    Answer Applies to: Michigan
    Replied: 7/5/2013
    The Law Office Kevin L. Dixler
    The Law Office Kevin L. Dixler | Kevin Lawrence Dixler
    Yes, however, it is unclear whether the adjustment of status to lawful permanent resident status will be approved.
    Answer Applies to: Illinois
    Replied: 7/5/2013
    Richard S. Kolomejec, Attorney at Law
    Richard S. Kolomejec, Attorney at Law | Richard S. Kolomejec
    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.
    Answer Applies to: California
    Replied: 7/5/2013
    Law Office of Bill Travis Klein
    Law Office of Bill Travis Klein | Bill T. Klein
    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.
    Answer Applies to: California
    Replied: 7/5/2013
    Coane and Associates
    Coane and Associates | Bruce Coane
    Generally, yes, of course.
    Answer Applies to: Texas
    Replied: 7/7/2013
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