I am Canadian and in US. How can I marry my American boyfriend of 2 years ASAP?

Navigating the marriage process as a Canadian citizen in the U.S., especially with visa changes from J-2 to F-1, involves understanding both immigration laws and marriage procedures in the U.S. Below is a detailed guide on how you can marry your American boyfriend, as well as address visa and immigration considerations.

1. Marriage in the U.S.: The Legal Process

The process of getting married in the U.S. for foreign nationals is straightforward but requires adhering to state and federal regulations:

• Eligibility: In most U.S. states, there are no restrictions on Canadians or other foreign nationals marrying U.S. citizens. To get married, both individuals need to be legally capable of doing so (e.g., no close blood relation or one of you being married to someone else).
• Marriage License: You will need to apply for a marriage license, which you can obtain from the County Clerk’s office in the state or county where you plan to marry. The requirements typically include:
  • Proof of identity (such as a passport, state ID, or birth certificate for a Canadian citizen)
  • Proof of legal status in the U.S., like your F-1 visa.
  • Payment of a license fee (varies by state).
  • Some states may require a waiting period, but many do not, meaning you could marry shortly after receiving your marriage license.
  • A marriage license is typically valid immediately for a short period (e.g., 30 to 90 days), and you can get married during that window.

For more information, you can check U.S. Citizenship and Immigration Services (USCIS) marriage documentation.

2. Your F-1 Visa and Marriage Considerations

While you are in the U.S. on an F-1 student visa, getting married to your U.S. boyfriend can have various implications for your status, especially if your goal is to remain in the U.S. post-marriage. It’s important to understand how an F-1 status interacts with your ability to marry and potentially adjust your visa status.

• Visa Restrictions: The F-1 visa, intended for academic study, does not allow for easy immigration benefits for spouses who are not U.S. citizens. Your F-1 status does not automatically provide you with permission to stay or work in the U.S. without restrictions. Marrying a U.S. citizen doesn’t immediately allow you to switch visas or adjust your status. Instead, you must go through a separate adjustment of status (AOS) process or apply for a K-1 fiancé visa if you weren’t already married.
• Visas After Marriage:
  • After marrying your U.S. boyfriend, you may need to adjust your status from F-1 student visa to a spouse visa or apply for a green card. This process, which involves a change in immigration status, is typically managed by USCIS.
  • If you’re already married and are in the U.S. on an F-1 visa, you can file a Form I-130 (Petition for Alien Relative) and Form I-485 (Application to Adjust Status). This will allow your U.S. citizen spouse to sponsor you for a green card. The timeline for processing may range from several months to over a year, depending on the specific situation and the service center processing the petition.

For more on how to adjust your status after marriage, see USCIS Adjustment of Status: USCIS – Green Card for a Spouse.

3. Immigration Advice on Moving from J-2 to F-1

Now that you have transitioned from a J-2 visa (dependent of a J-1 visa holder) to an F-1 visa, it’s crucial to understand how this change impacts both your work and your ability to adjust your status post-marriage:

• J-2 Visa Transition to F-1: The J-2 to F-1 transition often involves submitting forms like Form I-539 (Application to Extend or Change Nonimmigrant Status) to USCIS. If you’ve completed this, you’re now authorized to study full-time in the U.S., which is great for continuing your education. However, being on F-1 does mean you’re still bound by certain restrictions, especially regarding work. After marriage, you should review options for gaining employment authorization after marriage (EAD – Employment Authorization Document) through marriage or spousal adjustment.
• Timing of Marriage and Adjusting Status: Since your visa has changed from J-2 to F-1, it is important to stay in compliance with immigration regulations, especially as your marriage could affect your visa status. If you marry your U.S. boyfriend, you could begin the process to change from an F-1 to a permanent resident status, but during this transition, working without proper authorization could lead to complications.

4. Timeline and the Marriage Process in Urgency

If your priority is to marry as soon as possible due to personal reasons, you can quickly obtain a marriage license as described earlier, and marrying shortly after obtaining the license is common. The adjustment of status process for gaining a green card is typically the next step after marriage, but this can take months or more to complete.

• Keep in Mind:
  • If you’re in the U.S. legally (on an F-1 status), you’re allowed to marry at any time. There’s no requirement for waiting a set time.
  • After marriage, plan on filing the appropriate immigration documents immediately if you intend to apply for a green card through marriage.

5. Considerations About Work While in the U.S. on F-1

Since you’re studying in the U.S., ensure that you remain compliant with your F-1 visa regulations while navigating marriage and potential employment authorization:

• Work Limitations: You cannot work off-campus during your F-1 status without specific authorization (through Optional Practical Training (OPT) or Curricular Practical Training (CPT)).
• Post-Marriage Work: After marriage to a U.S. citizen, the process to apply for work authorization (EAD) will be affected by your adjustment of status process.

Check for more information on authorized employment as an F-1 student at the U.S. Department of Homeland Security F-1 page.

6. Seeking Legal Help

Marrying a U.S. citizen and adjusting your status may involve nuances specific to your situation. To ensure the best approach for your case:

• Consider consulting with an immigration attorney. They will guide you through both the marriage and the green card process after marriage. This will ensure you are following the correct steps and not missing any important details that could delay your immigration benefits.

You can start by looking at the American Immigration Lawyers Association (AILA): Find an Immigration Lawyer.

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Conclusion

To summarize:

1. You can marry your American boyfriend at any time by applying for a marriage license in the U.S. There is no requirement to wait once you’re eligible.
2. Your change in visa status from J-2 to F-1 means that marriage will have specific implications for your immigration status. To stay legally in the U.S. long-term, you will need to adjust your status to permanent residency (green card), which can take several months.
3. Work authorization and legal status require careful navigation, especially as your F-1 status doesn’t automatically grant you permission to stay in the U.S. after marriage.
4. Make sure to consult an immigration attorney to assist you through both the marriage and green card application process.

Best of luck on your journey, and be sure to get the right legal support to help you stay compliant while pursuing your goals in the U.S.