What does the timeline look like if I am an F-1 student with OPT applying for a marriage green card adjustment of status?

For the majority of 2023 to 2024, our marriage green card adjustment of status cases have had their interviews waived. This blog is to help you determine what aspects of your case can help you determine if your interview will be waived.

We offer this guide to help you with some of the more complicated and nuanced questions when you file a marriage green card adjustment of status case.

So, you've found love and decided to take the plunge into a marriage adjustment of status application—how exciting! But if your engagement was short or your romance felt like a whirlwind, you might be wondering, "Will USCIS believe my marriage is real?" You’re not alone. Many applicants share these concerns, especially when navigating the intricate world of immigration law.

When you submit your adjustment of status application, there’s no section asking whether you have a prenuptial agreement. This means you’re under no obligation to disclose it. However, if your prenup happens to come to light, the implications could vary, depending on the totality of your case and all your circumstantial evidence.

The biggest hurdle in securing a B-2 visa while your I-130 is pending is overcoming the presumption of "immigrant intent." U.S. consular officers are likely to assume that you plan to overstay your visitor visa and adjust your status once you're in the U.S. Since your I-130 demonstrates that you intend to immigrate, you will need to present strong evidence that you only wish to visit temporarily and will return to your home country.

In instances where a couple does not already reside together abroad, gathering proof of the legitimacy of the relationship for purposes of a K1 visa application requires some planning. To make that easier for you, we have outlined several ways in which you can proactively prepare for the visa application over the course of a trip to see your loved one.

As a New York immigration attorney, I frequently work with H-1B visa holders who plan to marry the love of their lives-their other half they met while working in the US who are often US citizens or legal permanent residents. The natural progression of things is for them then to apply for marriage green cards via the adjustment of status process. With a specialization in marriage and family-based immigration, our firm has built a reputation as one of the “Top 10 Immigration Lawyers in NYC,” supported by a five-star Google rating.

If you hold an H-1B visa and plan to marry a US citizen, you’re eligible to apply for a marriage green card, which allows you to adjust your status to become a lawful permanent resident without leaving the US. One of the key benefits of the H-1B visa is that it allows for dual intent, meaning you’re permitted to pursue a green card without undermining your current non-immigrant status.

If you’re considering a marriage green card and wondering how long you need to be married before applying, you’re not alone. As a NY immigration attorney, I’m frequently asked this question, and after over 15 years in the field, I can confidently say that there’s no one-size-fits-all answer. While the length of your marriage can play a role, it’s the history and authenticity of your relationship that really matters to USCIS.

When it comes to obtaining a marriage green card, one of the first decisions you’ll make is whether to update your green card with your new married name. For some, this is a no-brainer, while for others, it’s a matter of tradition, practicality, or even a personal statement. As a dedicated NY immigration attorney specializing in marriage immigration across all 50 states, I’ve helped countless clients navigate this question, and I’m here to guide you through the considerations with a compassionate and personal approach.

Ideally, you should decide before filing your adjustment of status or immigrant visa application. This is because your name needs to be consistent across all official documents, including your green card, Social Security card, and work authorization documents.

Unlike other firms that handle every type of immigration case under the sun, we focus solely on marriage green cards and fiancé visas. This niche expertise means we know exactly what it takes to build a strong, compelling case and avoid the common pitfalls that can delay or derail your application.

Adjustment of Status (AOS) is the process that allows someone already in the U.S. to apply for permanent residency (a marriage green card) without having to leave the country. As an F-1 student, you have the option to adjust your status if you marry a U.S. citizen and are present in the U.S. This is an ideal path if you plan to continue living in the U.S. with your spouse as long as you had no immigrant intent when you arrived in the U.S. on your F-1 visa.

Immigrant intent means that you entered the U.S. with the intention of staying permanently. When entering on a visitor visa, TN visa, or an H-1B visa, you must not have had this intent. Adjusting status is only an option if your desire to stay arose after you arrived in the U.S.

The F-1 visa is a non-immigrant visa, meaning that it’s intended for temporary purposes, such as studying in the U.S. F-1 visa holders must demonstrate their intention to return to their home country after completing their education. This requirement can make applying for a marriage green card slightly tricky because it involves switching from non-immigrant intent (temporary stay) to immigrant intent (permanent stay)

My UK resident clients come to me with almost identical questions: What is the fastest way for me to get a Green Card for the US? Is the K-1 fiance visa the fastest way for me to get to my spouse in the US or should we get married and apply for the IR1 spousal visa?

For many F-1 visa holders who file for a marriage green card, the timing of the EAD approval is crucial. Once your OPT or CPT expires, you must rely on the EAD for legal work authorization. This can create a gap in your ability to work if your EAD is delayed, so it’s essential to consider the timeline carefully.

USCIS is legally obligated to treat all marriage green card applications equally, regardless of the couple's gender. However, providing thorough documentation can help demonstrate the bona fide nature of your relationship.

As a UK citizen married to a US citizen and planning to relocate to the United States, the marriage green card process is your key to a new life across the Atlantic. Here are the top 10 things you need to know: