How To Change Your F1 Visa To Marriage Based Green Card

F-1 nonimmigrant visas allow many international students to study in the US. Each student’s visa is valid for the duration of their study, plus a few months for work experience, after which they must return home. The marriage green card process is complex regardless of immigration route.

Some students fall in love and marry a U.S. citizen or permanent resident during their studies, wanting to live with their spouses permanently in the US.

Being in love or married to a citizen or permanent resident doesn’t guarantee an international student’s permanent stay. From F1 to green card, several conditions must be met.

This article explains how to obtain a marriage-based green card and live permanently with your spouse if you are married or about to marry a U.S. citizen or permanent resident as an F-1 visa holder. The first step is to know when to file an adjustment of status form from nonimmigrant to immigrant status.

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

Many international students make the mistake of filing for status adjustment at the wrong time. This is due to the fact that seeking for a status adjustment so soon after entering the United States may be deemed premature by the USCIS.

Similarly, filing while out of status will reduce your chances of approval. As a result, you must grasp how immigration law applies to visa adjustments, particularly the 90-day limit.

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

The foreign national spouse filing the I-485 form to change the F-1 visa to a marriage-based green card. You and your spouse can file the I-130 and I-485 together or separately as U.S. citizens.

Immediate relatives of U.S. citizens can apply for immigrant status, but the USCIS must approve the petition. Immigration officers will grant your green card application if they believe your connection is genuine and you meet the eligibility requirements. As of 2022, a marriage-based green card application for a U.S. citizen’s spouse takes 5–14.5 months to process.

What Factors Affect Processing Times?

The field office/service center in charge of your case, whether your application is filled out correctly and completely, the order in which it is received in relation to other applicants, and other factors all have an impact on how long it takes to process your case. I-485 processing period ranges from 6 to 33 months as of 2022. For the most recent estimates, contact your immigration attorney.

Changing from F-1 Visa to Marriage-Based Green Card If You Are Married to a Permanent Resident

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

A priority date will be granted by USCIS upon receipt of the I-130. Your priority date is your spot in the green card line, therefore others are ahead of you.

Permanent residents can sponsor a limited number of green cards per year. The priority date begins when USCIS receives your I-130. Wait until it becomes “current” before applying for a marriage-based green card.

You can track the petition in the monthly visa bulletin. The waiting period could be months or 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.

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

• As part of the adjustment process, you will have a medical examination. A USCIS-certified surgeon does the immigration medical exam to ensure that you do not have any communicable diseases, substance misuse issues, or circumstances that would cause you to become dependent on the government for support.

Marriage-Based Green Card Interview

• You will also be required to attend an immigration interview to confirm the legitimacy of your marriage. The interview performance is critical to the success of your application. So, make sure you arrive on time, dress appropriately, and answer all of the questions honestly and precisely.

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?

What If My F-1 Visa Expires While Waiting for My Marriage-Based Green Card?

Generally, staying in the U.S. without status is unlawful. If your F-1 status expires during status adjustment, you have two options.

You can extend your F-1 visa or seek for another temporary visa to legally stay in the U.S. Getting this done will let you stay in the U.S. The second alternative is to leave the U.S., return home, and continue.

Overstaying a visa is punishable severely. Staying out of status for more than six months will ban you from reentering the US for three years. Overstaying for more than a year may prevent reentry for ten years. You can avoid this with due process.

Getting Your Marriage-Based Green Card

After completing the process, a physical green card will be issued to you by the USCIS, recognizing you as a lawful permanent resident. However, keep in mind that the marriage-based green card is in two forms, depending on how old is the marriage.

A Marriage Less Than Two Years Old

If your marriage is less than two years old, you will be granted conditional resident status with a two-year validity period. This is to allow you more time to evaluate the sincerity of your marriage.

To obtain a green card, you must demonstrate that you did not enter into the marriage in the first place. If you are still together as a couple after the two-year validity period, you should be able to eliminate the conditions by submitting for and receiving a 10-year valid permanent green card.

A Marriage More Than Two Years Old

For marriage more than two years old, the USCIS will issue you a standard unconditional green card with a ten-year validity period. You may choose to renew the green card every ten years or apply for citizenship after some years.

Can I Work In the U.S. While Waiting for My Marriage-Based Green Card?

When filing your I-485, you can file the I-765 and I-131 to work or travel while your petition is pending. I-765 is an employment authorization application, I-131 is a travel permit.

Green cards take longer to process than these two versions. You should receive your work permit, or Employment Authorization Document, within 120–150 days.

You can work with an EAD while waiting for your marriage-based green card. You can work for the same company or apply for another for Optional Practical Training (OPT).

Going On A Short Trip Overseas While Waiting for Your Marriage-Based Green Card?

Similarly, if you need to travel abroad for a short period of time while your green card is being processed, you must obtain a travel permit. Keep in mind that embarking on a short trip without a travel permission will have an impact on your green card application. If you do this, the USCIS will believe that you have abandoned your green card application and you may have difficulty reentering the US.

Frequently Asked Questions

Can a F-1 student marry a green card holder?

• Yes, but since immigrant status isn’t readily available to spouses of green card holders the processing time is usually longer.

How can I convert my F1 visa to green card?

• This is determined by whether you are married to a US citizen or a permanent resident. If you are married to a US citizen, your spouse must start the process by filing an I-130 petition, followed by an I-485 (both of which can be filed concurrently or separately). If you are married to a permanent resident, your spouse will initiate the process by filing Form I-130. When that is received by USCIS, you will be assigned a priority date and must wait for it to become current.

Can I get married with a F1 visa?

• Yes, but certain classes of J1 visa holders are subject to a two-year residency requirement, which means that after their studies are over, they must return to their home country for at least two years before they may apply for an adjustment of status based on the marriage. There are workarounds for the foreign residency rule. Speak with your immigration officer.