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I am under an F-1, OPT visa. What is the process for marrying a US Citizen?

Memphis, TN |

Do I get married and then apply for residency? What paperwork do we have do before we get married? We have been dating for three years now. How does the F-1 impact the process of marriage?

Attorney Answers 5


  1. Best answer

    You must be married before your wife can petition for you and you can apply for residency. There is no immigration paperwork that is required before you marry. The F-1 does not impact the process of marriage or your ability to apply for residency, but the marriage could impact your ability to extend your F-1 or to travel on the F-1. If you will need to travel before becoming a permanent resident you should consult an immigration lawyer before making travel plans. An immigration lawyer can assist you in filing for permanent residence and obtaining work authorization and a travel document.

    Ari Sauer
    Siskind Susser Law Firm
    1028 Oakhaven Rd.
    Memphis, TN 38119
    901-682-6455
    asauer@visalaw.com
    www.visalaw.com/ari

    For a consultation appointment call 901-682-6455. The information here is for educational purposes only and should not be relied upon without first consulting with an experienced immigration law attorney. The information given may not apply to your individual situation. Immigration laws, regulation and procedure change frequently. This information should not be relied upon as legal advice and is not intended to create an attorney-client relationship. Please note that this site is open to the public and any information posted by readers can be viewed by government officials. Neither NY, NJ or TN offer certification as an Immigration Specialist. This is an advertisement.


  2. You can get married like anyone else. Your status does not impact the case at all

    For info on the process, please see link below.

    http://immigrate2usa.com/practiceareas/non-immigrant-visas/marrying-a-foreign-national-1.asp

    If you have questions, please contact us

    Neil I Fleischer (513) 977-4209 www.immigrate2usa.com Note: Neil Fleischer is an attorney licensed in the State of Ohio The below answer is provided for informational use only. One should not act or refrain to act solely based on the information provided. No attorney/client relationship is created unless an Agreement is signed by the attorney and the client. Best regards, Neil Neil I Fleischer The Fleischer Law Firm, LLC 917 Main Street Cincinnati, Ohio 45202-1314 Direct telephone: 513 977 4209 nfleischer@immigrate2usa.com Enjoy our Blog at http://immigrate2usa.blogspot.com/


  3. You can apply for permanent residency after you receive your marriage license. Marriage will not impact oyur F1 status.


  4. You should be fine to marry after entering on an F-1 and apply for your green card, but of course it's always a good idea check with an attorney that you are otherwise admissible before filing to adjust your status. Also, you arguably abandon your non-immigrant F-1 when you marry a US citizen, so I recommend filing your adjustment (if admissible or eligible for waiver(s)) relatively soon after marrying, just to be safe.


  5. Yes, you may get married and then have your US spouse petition for you. Contact an immigration attorney to help you prepare the adjustment of status package with all of the supporting documents to support your application.

    Answers on AVVO do not constitute legal advice and do not form attorney-client relationship. Always consult an attorney for a legal advice.

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