Change Status from F-1 Visa to Marriage-Based Green Card

Many international students come to study in the United States every year through an F-1 nonimmigrant visa. The visa is granted only for the duration of each student’s program, with some additional months to gain work experience, after which you will need to return to your home country. The marriage green card process can be complicated no matter which immigration route you pursue. Pollak Travel Nation ensures that our clients are applying through the right pathway to increase their chances of approval, along with taking care of the entire application process. Get started today!

In the course of their studies, some students end up falling in love and getting married to either a U.S. citizen or a permanent resident, which means they would want to live together with their spouses permanently in the United States.

However, being in love or getting married to a citizen or permanent resident doesn’t automatically guarantee a permanent stay for an international student. Certain requirements must be met to transition from F1 to green card.

If you are already married or about to get married to a U.S. citizen or permanent resident as an F-1 visa holder and would like to obtain a marriage-based green card, this article gives a complete guide on how to achieve that and live permanently together with your spouse. To begin with, you must know the appropriate time to file an adjustment of status form from a nonimmigrant to immigrant status.

F1 Visa to Green Card Through Marriage: Your Options 

The United States immigration law gives two different means through which a foreign national with F-1 status can acquire a green card through marriage.

The first option is to be married to a U.S. citizen, while the other option is to be married to a U.S. green card holder, also known as a lawful permanent resident. The green card application process is to be completed by you and your spouse.

Your spouse must be the petitioner/sponsor of the application. He or she will begin by filing a petition with the USCIS to prove that he or she is eligible and ready to be your sponsor. You and your spouse must meet the requirements for a petitioner and beneficiary, respectively.

This is done by filling out forms, submitting copies of relevant documents on the marriage-based green card checklist, and attending a green card interview. The following is the breakdown of the F-1 to marriage-based green card process.

F1 Visa to Green Card When Married to a U.S. Citizen

If your spouse is a U.S. citizen, the following guidelines will be required to complete your change of status from an F-1 to a marriage-based green card.

I-130, Petition for Alien Relative

Your spouse will need to initiate the process by filing an I-130 petition with the USCIS. The form is the petition to establish the marital relationship between the two of you. It must be filled out appropriately and submitted with all the required documents.

The primary requirement of every marriage-based green card is to prove the authenticity of your relationship. As you may already know, immigration fraud is common in marriage-based green card cases. This is why it is one of the most scrutinized visa categories in the U.S. You must ensure that every piece of information given in the petition is genuine to avoid delays or denials.

I-485, Application to Register Permanent Residence or Adjust Status 

The I-485 form will be filed by you as the foreign national spouse seeking to adjust the F-1 visa to a marriage-based green card. As a spouse of a U.S. citizen, you and your spouse can file both the I-130 and I-485 concurrently or separately if you’d like.

Immigrant status is always readily available to a U.S. citizen’s immediate relatives, but you will need to wait for the USCIS to adjudicate the petition. If the immigration officers determine that your relationship is genuine and are convinced that you meet the eligibility criteria for a green card, then your application will be granted. The average processing times are outlined below.

F1 Visa to Green Card When Married to a Green Card Holder

Unlike those married to U.S. citizens, immigrant status isn’t readily available to spouses of green card holders. For this reason, the processing time is usually longer. To change your F-1 visa to a marriage-based green card in this scenario, the following steps will be required:

I-130 Petition

Your permanent resident spouse will start the process by filing I-130 with the relevant documentary evidence showing that your marriage is bona fide. If the I-130 is approved, you can then move to the next stage.

Wait for Your Priority Date to Become Current

Once the I-130 is received by the USCIS, you will be issued a priority date. Your priority date is your place in the waiting line, meaning there are other people ahead of you waiting for a green card.

This is because there is an annual limit on the number of green cards sponsored by permanent residents. The priority date starts counting the moment your I-130 is received by the USCIS. You will need to wait until it becomes “current” before you can apply for a change of status to a marriage-based green card.

You can monitor the progress of the petition by checking the monthly visa bulletin. The waiting period could be for several months or several years, depending on how many applicants are ahead of you.

File the I-485 for Adjustment of Status

Once your priority date becomes current, you will be eligible to file for an adjustment of status from F1 to green card.

90 Day Rule Application

It is generally considered an abuse of the F-1 visa to enter the United States with the apparent intention to get a permanent residency through marriage. One of the actions that count as immigration abuse is when an alien files for a green card within 90 days of entering the United States on a temporary visa.

Every visa applicant is expected to stay within the specified guide

lines of their status for a certain period before attempting an adjustment. So, if you have just arrived in the U.S., it is advisable to wait at least 90 days before starting the marriage-based green card process unless you have an unavoidable reason to do that. This does not automatically mean your application would be rejected but is always better to be safe. This entire process is certainly time sensitive and having the right team to help you achieve the right result is crucial. Our attorneys at Pollak Travel Nation always focus on making the entire immigration process easy and fast. Start your immigration journey today!

Processing Time F1 to Marriage Green Card

A number of elements influence how long it takes your case to process including the field office/service center responsible for your case, whether your application is filed out accurately and completely, the order in which it is received in relation to other applicants, and more. As of 2022, I-485 processing time 6 to 33 months. Consult your immigration attorney for the most up-to-date estimates.

What is the Right Time to Adjust My F-1 Visa to Marriage-Based Green Card?

One mistake many international students make is filing for status adjustment at an inappropriate time. This is because applying for a status adjustment just shortly after entering the U.S. can be considered too early and may subject your intentions to suspicion by the USCIS.

In the same vein, filing when you are out of status will also affect your approval chances. Therefore, you must understand how immigration law works for visa adjustment, especially the 90-day rule.

Other Requirements for Status Adjustment

Apart from the documentary evidence of your marriage, other crucial requirements must be met as a part of the process. They include:

Medical Examination

You will undergo a medical examination as part of your adjustment process. The immigration medical exam is carried out by a USCIS-certified surgeon to verify that you do not have any communicable diseases, substance abuse disorders, or conditions that would cause you to become dependent on the government for support.

Marriage-Based Green Card Interview

You will also need to appear for an immigration interview in order to verify the validity of your marriage. The interview performance is very crucial to your application success. So, ensure you attend as scheduled, dress nicely, and answer all the questions honestly and accurately.

Some of the questions you may be asked include:

• Where did you meet?
• How were you introduced?
• What did the two of you have in common?
• Where was your first date?
• When was your first date?

Check out this complete Marriage-Based Green Card Interview Guide.