How to Apply for a Marriage Green Card While on an F-1 Student Visa: A Complete Guide
F-1 Student Visa and Marriage Green Card
If you’re an F-1 visa holder studying in the U.S. and have married a U.S. citizen or lawful permanent resident, you may wonder if it’s possible to transition from an F-1 visa to a marriage green card. The good news is that this is a viable path for many, allowing students to adjust their status without having to leave the country, in fact, we have helped hundreds of clients make this transition successfully. However, it’s essential to navigate this process carefully due to certain legal requirements, including the non-immigrant intent associated with the F-1 visa.
In this article, we’ll explore how you can apply for a marriage green card while on an F-1 student visa, the steps involved, and important considerations to keep in mind.
Understanding the Marriage Green Card
A marriage green card allows the spouse of a U.S. citizen or lawful permanent resident to live and work in the U.S. as a permanent resident. The marriage green card application process is one of the most common paths to permanent residency for F-1 visa holders who have fallen in love and married a U.S. citizen while studying in the U.S. This process is also referred to as "adjustment of status" since you’re adjusting from a non-immigrant F-1 visa to immigrant (permanent resident) status.
Non-Immigrant F-1 Intent and Its Implications for the Marriage Green Card
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).
Fortunately, U.S. immigration law allows for this transition if it’s done properly. The most important rule to be mindful of is the “90-day rule,” which states that if you apply for a marriage green card within 90 days of entering the U.S. on an F-1 visa, USCIS may presume that you had preconceived immigrant intent, potentially leading to the denial of your application. There are ways to buffer the 90 day rule but it involves a strict screening process where we take into consideration the following factors:
Interactions with U.S. Customs and Border Patrol agents whenever you enter the U.S.
How long ago you first entered on your initial F-1 visa
Timing of marriage
Whether your spouse is a U.S. Citizen or a Permanent Resident
To avoid this, many immigration lawyers advise waiting at least 90 days after entering the U.S. before applying for a marriage green card. This helps show that your original intent was genuinely to study, and only later did your circumstances change to pursuing permanent residency through marriage.
How to Apply for a Marriage Green Card as an F-1 Visa Holder
If you’ve married a U.S. citizen, you’re eligible to apply for a marriage green card as an immediate relative (IR). If your spouse is a lawful permanent resident (green card holder), the process is a bit slower due to visa availability, but you can still apply. Here are the key steps:
1. File Form I-130, Petition for Alien Relative
The first step in applying for a marriage green card is for your U.S. citizen or permanent resident spouse to file Form I-130, Petition for Alien Relative. This form establishes the family relationship between you and your spouse. Once approved, it allows you to move to the next stage of the green card process.
2. Submit Form I-485, Application to Adjust Status
If you’re married to a U.S. citizen, you can submit Form I-485, Application to Adjust Status, concurrently with the I-130 petition. This form is your official request to change your status from an F-1 student to a lawful permanent resident. You can file it while in the U.S., allowing you to remain in the country during the processing period. This can be applied for concurrently with the work permit and advance parole card.
For spouses of permanent residents, the adjustment of status process involves waiting for a visa number to become available in the family preference category before you can file the I-485.
3. Attend a Biometrics Appointment
After submitting your adjustment of status application, you’ll be required to attend a biometrics appointment. At this appointment, USCIS will collect your fingerprints, photograph, and signature, which are used for background checks.
4. Attend the Marriage Green Card Interview
The next critical step is the marriage green card interview, where both you and your spouse will meet with a USCIS officer. The purpose of this interview is to ensure that your marriage is genuine and not entered into solely for immigration benefits. You’ll need to provide supporting documentation, such as joint financial records, photos, and affidavits from friends and family, to prove the authenticity of your relationship. Over the past year, 99% of our clients have had their interviews waived which results in the Green Card arriving in the mail! It’s absolutely brilliant!
5. Receive Your Marriage Green Card
If your interview goes well and USCIS is satisfied that your marriage is bona fide, you will be granted a marriage green card. If you’ve been married for less than two years, you will receive a conditional green card valid for two years. After two years, you’ll need to file a petition to remove the conditions on your green card (Form I-751) to obtain a permanent, 10-year green card.
“We had a great experience working with Khunkhun Law. Sharon and the whole team made the process as straightforward as could be from initial consultation to the resolution of our case. All of our questions were answered in a timely and thoughtful manner. The immigration officer even complimented how nicely our case was put together. Khunkhun law guided us through the whole process and we highly recommend working with them for immigration cases.”
Timing Considerations: Navigating the 90-Day Rule as an F-1 Student Visa Holder Pursuing the Marriage Green Card
The timing of your marriage green card application is crucial, especially when transitioning from an F-1 visa. As mentioned earlier, applying too soon after entering the U.S. could raise red flags about your immigrant intent. USCIS uses the 90-day rule to assess whether non-immigrant visa holders had preconceived immigrant intent. If you apply for a green card within 90 days of your arrival on an F-1 visa, USCIS might assume you planned to stay permanently from the beginning, which could complicate your case. Keep in mind that we do abide by the 90-day rule (or sooner if we can clear up the intent issue via an affidavit known as our proprietary “love and intent affidavit”). We are able to do this as technically USCIS had done away with the 90-day rule but we abide by it as we know that USCIS officers are trained to look for immigrant intent early after an F-1 student’s entry into the U.S. Because we have worked with the rule that was the predecessor of the 90-day rule (30/60/90 day rule) we understand what the fundamental concerns and tensions are so we are able to address them without risk. Just take a look at our reviews and you will see how many clients we have helped using this strategy.
Benefits of the Marriage Green Card Path for F-1 Visa Holders
For F-1 visa holders, the marriage green card path offers several advantages. First, you can apply for your green card from within the U.S. through the adjustment of status process, avoiding the need to return to your home country to process your visa. Additionally, marriage to a U.S. citizen provides faster processing times since immediate relatives aren’t subject to annual visa limits.
Finally, if your marriage green card is approved, you’ll have the ability to live and work in the U.S. permanently, without the need to renew your F-1 visa or worry about maintaining your student status.
Conclusion: Seek Legal Guidance for a Smooth Process for your F-1 to Marriage Green Card Journey
While the marriage green card process offers a clear path for F-1 visa holders to obtain permanent residency, it’s essential to approach it carefully, especially regarding timing and intent. Understanding the legal requirements and filing procedures can help you avoid common pitfalls. Consulting an experienced immigration attorney can also provide valuable guidance to ensure that your marriage green card application is successful and that your transition from F-1 visa holder to permanent resident is as smooth as possible
With the right approach, the marriage green card process can help you build a future in the U.S. with your spouse while allowing you to achieve your immigration goals. Should you or your loved one have any questions or need representation, please do not hesitate to contact us. Although we are located in New York City we represent clients all over the 50 states of the US. Call us, email us at info@khunkhunlaw.com or review other options to get in touch with us for an immigration consultation. If you are ready to schedule a consultation you can find a date that works for you and book your Zoom meeting with Sharon Khunkhun here. We have represented many clients with successful results even with the most difficult set of facts.