What is the impact of marriage on American immigration status?

Nowadays, with the deepening of international communication, many people begin to fall in love with foreign countries. There are quite a few Americans who immigrate through marriage, so what impact will marriage have on American immigration status? Get to know me together.

What is marriage in the legal meaning of immigration?

Marriage in immigration law means that both husband and wife go to the local government agency, usually the court, to get a marriage certificate. Once you have this marriage certificate, married couples can enjoy the conditions, benefits and obligations stipulated in the immigration law. Therefore, whether the parties hold a wedding or honeymoon, it does not belong to the scope of immigration law. In addition, the immigration law does not recognize de facto marriage, that is, men and women live together in the name of husband and wife, and there is no legal recognition. Some marriages are approved by the church, which issues marriage certificates. If one party of the marriage needs to go through the immigration formalities, it is best to get the legal documents of the local court.

Marry who?

American immigration law recognizes same-sex marriage. You can submit an immigration application according to the identity of a same-sex spouse.

Marry a person with non-immigrant status in the United States. If you are a foreigner and this person is still outside the United States, you can come to the United States as a spouse and a foreign spouse. For example, if you are married to an F- 1 international student studying in the United States, you can come to the United States as the spouse of an F-2 student. If you marry someone with H- 1B status, you can apply for H-4 spouse status;

If you marry a person with J- 1 status, you can come to the United States with a J-2 visa and apply for a work permit, but you may also be restricted to return to China for two years.

If you marry someone with an American green card, one of your spouses will have to wait many years to get a green card. If the foreign spouse is still outside the United States, the foreign spouse must basically wait for the appointment from abroad or wait for the green card spouse to become an American citizen before submitting an immigration application for him/her.

If the foreign spouse of the green card is in the United States, basically don't expect the green card spouse to apply for immigration status for himself. In other words, if a foreign spouse with a green card is in the United States, he basically needs to maintain his independent non-immigrant status until the green card spouse becomes an American citizen and submits an immigration application for himself, or the green card is scheduled to arrive, or he works as an immigrant himself. If a foreign spouse with a green card can't maintain his independent identity, can't get the American citizenship paper from the green card spouse, and doesn't want to leave the United States, then he can basically "hack" in the United States until the green card spouse becomes an American citizen, and he can't be caught. In short, marrying someone with a green card will not only bring immediate immigration convenience to foreign spouses, but also affect their entry or residence in the United States. Why? See the explanation in the next section.

What should I do if I get married?

If you marry a green card holder, the spouse holding a green card can submit an immigration application for the spouse who is not a green card. However, spouses who are not green cards must wait several years to become green cards. Once the spouse holding a green card submits an immigration application, it is difficult for foreign spouses overseas to come to the United States while waiting for the timetable. For example, they can't get tourist visas and F- 1 student visas. If foreign spouses are in the United States, they need to maintain their non-immigrant status on their own, and exit visas should be cautious. Therefore, after getting married with a green card, it is necessary to comprehensively plan the maintenance of identity. If you marry an international student from F- 1, you can change to F-2 student spouse status. If you marry an H- 1B work visa, you can change to H4 status. Spouses who have their own independent status in the United States should not be converted to F-2 or H-4 spouse status unless absolutely necessary.

If you marry a foreigner who has submitted an I-485 application or I-485 is waiting, you can basically get a green card with the I-485 main applicant. However, if the application of the main applicant (spouse) is restricted by the immigration schedule, the foreign spouse must wait until the main applicant's schedule arrives before submitting his I-485 status adjustment application, and his non-immigrant status cannot be interrupted during the waiting schedule.

If you marry a foreigner born in other countries and regions, you may get a green card earlier. For example, the second priority and the third priority of foreigners born in Chinese mainland and India are both limited by immigration quotas. However, if the spouse is not a green card applicant born in Chinese mainland or India, or born in Chinese mainland or India, he can borrow his spouse's green card quota and directly submit an I-485 application for identity adjustment or get approval earlier.