Marriage Green Card Process for an F-1 Student

Are you an F-1 student in the U.S. who recently married or is planning to marry a U.S. citizen? Congratulations on this exciting time in your life! Navigating the process of applying for a marriage-based green card can feel overwhelming, especially when you're juggling school, work, and life in a new country. But don't worry—you’re in the right place. At Khunkhun Law, we hold our clients’ hands during the process due to our commitment to marriage-based green cards for F-1 students just like you.

We understand the specific challenges you face and are here to break down complex immigration rules in plain, everyday language. This article will walk you through everything you need to know, so you can approach this process with confidence and peace of mind. Let’s dive in!

What is Adjustment of Status (AOS) for F-1 Students?

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.

Why Is Adjustment of Status Perfect for F-1 Students?

The beauty of AOS for F-1 students is that it allows you to stay in the U.S. while your marriage green card application is being processed. This can make things much easier for you and your spouse, compared to consular processing, which requires you to return to your home country for an interview and face a lengthy separation between you and your spouse (1.5 to 2 years average processing times).

Step-by-Step: How F-1 Students Can Apply for a Marriage-Based Green Card

The process of adjusting your status from an F-1 student to a permanent resident involves several steps. Let's break them down:

Step 1: File the I-130 Petition

Your U.S. citizen spouse will start the process by filing Form I-130, Petition for Alien Relative. This form proves to U.S. Citizenship and Immigration Services (USCIS) that you have a valid marriage and that your spouse is eligible to sponsor you for a green card.

Key Documents You’ll Need

- Your marriage certificate

- Proof of your spouse’s U.S. citizenship (birth certificate, passport, or naturalization certificate)

- Evidence of a bona fide marriage (joint leases, bills, photos, etc.)

Of course, there are a lot of legal documents that have to be submitted and they have to be in the correct format with the correct versions. For example, there are many applicants who send in the wrong version of their birth certificates resulting in a Request for Evidence (RFE) and when they respond to the RFE with anything less than the perfect version, their case is denied. There are no second chances when it comes to responses to RFEs.

Step 2: File the I-485 Application

Once the I-130 is submitted, you will file Form I-485, Application to Adjust Status, usually concurrently but it depends on if the Petitioner is a U.S. citizen or a permanent resident (green card holder). This is your formal request to change from an F-1 student to a permanent resident.

Step 3: Submit Your Supporting Documents

Along with your I-485 application, you will need to submit several other forms and documents. These include:

- Form I-765 (Application for Employment Authorization), so you can work while your green card is being processed. This is an optional petition

- Form I-131 (Application for Travel Document), also known as advanced parole, which allows you to travel internationally while your case is pending. This is essential if you need to travel while your marriage based Adjustment of Status is pending because as an F-1 student, you cannot leave the U.S. without travel permission otherwise your case will be abandoned. Only H-1B and L-1 visa holders can travel without the Form I-131 assuming they have a valid stamp in their passport upon entry to the U.S.

Step 4: Attend Your Biometrics Appointment

After submitting your forms, USCIS will schedule a biometrics appointment. This is where they take your fingerprints, photo, and signature to run a background check.

Step 5: Attend the Green Card Interview

Once your background check is complete and USCIS has reviewed your case, you and your spouse will attend a green card interview at your local USCIS office. The officer will ask questions to verify the authenticity of your marriage and your eligibility for a green card. Keep in mind that when a case is filed with ample documentation that allows a USCIS officer to make a decision without summoning the couple for a marriage green card interview, there is a high chance that the interview will be waived. In 2023 to 2024, 99% of our marriage green cards have had their interviews waived.

Common Interview Questions:

- How did you meet your spouse?

- Where did you get married?

- What do you and your spouse do for fun?

-How many siblings does your spouse have, what are their names, where do they live and what do they do for a living?

At Khunkhun Law, we prepare our clients for these interviews with mock interview sessions to make sure you're fully confident and we tell you what mandatory legal documents you should take and what new marriage bona fides (evidence of marriage) documents you should take to your interview.

Step 6: Receive Your Green Card

If everything goes well, USCIS will approve your case, and you'll receive your green card in the mail. Congratulations—you’re now a permanent resident!

Common Pitfalls and How to Avoid Them

As straightforward as the process may seem, there are some common pitfalls F-1 students can encounter. Here’s what to watch out for:

1. Overstaying Your F-1 Visa

If your F-1 visa has expired before you apply for a green card, you could face complications. However, since you’re married to a U.S. citizen, you may still be able to adjust status without leaving the U.S., even if you’ve overstayed your visa. This is a very fact-specific analysis that must take into consideration questions like when is the safest time to file your case, especially since the F-1 visa is not a dual intent visa.

2. Unauthorized Employment

Working without authorization can be a major issue for F-1 students, but here’s some good news: If you’re married to a U.S. citizen, past unauthorized employment won’t automatically disqualify you from getting a green card. However, for F-1 students, you can be accused of a “visa violation” which can make your case very complicated. There is a box that you have to check off in the I-485 Adjustment of Status Petition that specifically asks you “Have you ever violated your visa status” and this is not something you want to answer with a “yes.”

Working While Your Green Card is Pending: What You Need to Know

One of the most common questions F-1 students ask is, "Can I continue working on OPT while my green card application is pending?" The short answer is “yes” — as long as your OPT remains valid, you can continue working.

However, once your OPT expires, you can apply for a work permit (via Form I-765) as part of your green card application. This work permit allows you to work legally while your marriage green card is being processed.

The Importance of Timing: File Your I-485 Before OPT Expires

If you're on Optional Practical Training (OPT), timing is everything. You should ideally file your I-485 before your OPT expires, so there's no gap in your work authorization. If your OPT expires while your I-485 is pending, you won't be able to work until your work permit is approved, which can take several months. When I do a consultation with an F-1 student who is interested in filing a marriage green card via the Adjustment of Status process, I always ask them if they have an OPT, and when does it expire? If it expires soon, I advise them to renew the OPT if they are entitled to a renewal (usually if they are STEM OPT) before we file their case. This is because if they try to renew their OPT while the Adjustment of Status case is processing, there is a chance that the OPT extension will be denied because the OPT extension is a non-immigrant petition and the Adjustment of Status process is an immigrant petition, and one cannot hold both non-immigrant intent and immigrant intent at the same time, unless you have dual intent such as an H-1B visa holder and L-1 visa holder can have.

What Makes Khunkhun Law Different?

At Khunkhun Law, we understand that immigration law can be confusing, especially for young people who are new to the U.S. and juggling multiple responsibilities. But don’t worry—our firm is here to guide you every step of the way in a way that makes sense. We’re experts in marriage-based immigration cases, but we pride ourselves on being down-to-earth and approachable. Our goal is to educate and empower you, so you feel confident about the entire process. Most of our clients are seeking to adjust their status based on marriage because they fell in love with a U.S. citizen while they were studying here on an F-1 visa or working in the U.S. on an H-1B visa, an L-1 visa, or a TN visa.

We know that most of our F-1 clients—often from countries like China and India—appreciate clear, no-nonsense explanations. We are often able to guide them on issues related to their birth certificates - whether they are in the correct format or not, etc. That’s why we take the time to explain each step in everyday language, and avoiding confusing legal jargon. Think of us as your partners in this process, here to eliminate stress and provide expert guidance.

FAQs: Expert Answers to Common Questions

Q: Can I stay in the U.S. while my green card is being processed?

A: Yes! One of the best things about adjusting status is that you don’t have to leave the U.S. while your green card application is pending.

Q: Can I stay in the U.S. while my green card is being processed even if my F-1 status has expired?

A: Yes! One of the best things about adjusting status is that you don’t have to leave the U.S. while your green card application is pending if you are married to a U.S. citizen, assuming you are not inadmissible.

Q: Can I continue working on my OPT after I file my I-485?

A: Yes, you can work on OPT as long as it is still valid. Once it expires, you'll need to apply for a work permit as part of your I-485 application. Of course, we tell clients to apply for your work permit concurrently when they apply for the I-485 Adjustment of Process for the marriage green card.

Q: Do I need to file my I-130 and I-485 separately?

A: No, you can file them together through concurrent filing, which is often faster unless your Petioning spouse is a green card holder.

Q: What if my F-1 visa has expired before I file for a green card?

A: If you’re married to a U.S. citizen, you can still adjust your status, even if your visa has expired. However, it’s important to act quickly to avoid complications. If your spouse is a green card holder/permanent resident you need legal counsel as your case has to be timed perfectly to avoid a denial and loss of filing fees and valuable sleep!

Q: Will past unauthorized employment affect my green card application?

A: Fortunately, unauthorized employment won’t prevent you from getting a green card if you’re married to a U.S. citizen but that depends on proper legal advice. Unauthorized employment is fine as long as it doesn’t trigger the question, “Have you violated your visa status?”

Q: How long does the process take?

A: On average, the process takes about 6-18 months from the time you file your I-485 to when you receive your green card, but times can vary depending on where you live. If you live in the New York City area, you can understand the different filing times among the counties in New York City by reading this article.

Ready to Get Started?

If you’re an F-1 student married to a U.S. citizen, Khunkhun Law is here to help you navigate the green card process with confidence. We’re experts in marriage-based green cards and understand the unique challenges F-1 students face. Reach out to us today, and let’s make your journey to permanent residency with a marriage green card as smooth as possible! By following this comprehensive guide, we hope you feel empowered to take the next steps toward getting your marriage-based green card. At Khunkhun Law, we’re committed to making this process stress-free and easy to understand—so you can focus on building your life with your spouse in the U.S.

Our firm's five-star rating is a testament to our unwavering commitment to delivering exceptional service. Moreover, our commitment to marriage green card cases affords us unique insights, enabling us to streamline the process and ensure a more positive and predictable experience for our clients.

Your journey matters to us because we've been there, and we're here to help you every step of the way. Let's make your dream a reality together. 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.