My girlfriend is in the U.S. for college but shes almost done. She will have to go back to Japan if she doesnt have a reason to stay. What are our options for keeping her in america? How difficult is it to gain citizenship through marriage?
Anonymous2017-11-20T16:58:53Z
she must leave an the end of visa .....she can apply for a different visa later or plan to marry
Marriage doesn't give her citizenship and as she is almost finished her studies even if you get married it will be obvious to immigration that she has done that in an attempt to remain and they are likely to look at this a marriage fraud....so she needs to return as soon as she finishes studying regardless of if you get married or not and then you would have to sponsor her for a spousal visa which means you need to be working ,earning and have filled taxes for the last couple of years with the IRS and it could take many months before/if she gets a visa to return
She must return to Japan immediately upon completion or termination of studies. You cannot marry & expect her to be allowed to remain as she must continue full-time studies & abiding by all her F-1 visa regulations while awaiting Adjustment of Status, which will take at least 6 months. She's going home.
Also, you must earn enough to support yourself, any dependents you have, plus your fiancé or spouse to apply for any fiancé or spouse visa, or for Adjustment of Status. You must attach current year paystubs + last year's income tax return to the Affidavit of Support. You must have a suitable home for the two of you in the US. If you are a student, you do not qualify. If your earnings are marginal, or you have a relatively recent job, you can be required to provide your last 3 years of income tax returns to prove the stability of your income.
And she does NOT obtain citizenship through marriage. IF you two meet all requirements, she MIGHT get a temporary (conditional) green card valid for up to 2 years, IF the marriage continues. Then, you would have to remove conditions before she might get approved for a permanent green card. If the marriage fails, she goes home immediately.
Instead of a hasty marriage, especially if you are not in a financial position to support the two of you, she goes home. You continue the relationship long-distance. You will visit her in her country to get to know her parents, other friends & relatives, get to know her country & culture before you decide whether you two are really committed "till death do us part." Get your careers, finances, as well as the relationship into the type of condition required to make a good, successful, happy marriage.
You will not regret waiting so you can give your marriage the best chances of success. You will regret a hasty marriage if you are unprepared for that commitment.
The issue is not citizenship- that comes later. The issue is residency-or at least a long term visa. She can apply to graduate school and stay. Or if she can find a job with a company that will sponsor her for an H-1 visa, she can stay and work. That might be possible if you're in an area with business that do business with Japanese speakers. To bring her in on a spouse or fiance vise, she would normally have to leave the country while you apply for the visa. You need to talk to an immigration lawyer- some will consult with you for free, and then you pay a fee for their services. They may know other ways for you to get the spouse visa.