Amelia Blake

Adjusting F-1 Student Visa Status to Marriage-Based Green Card: A Guide

Navigating the path from an F-1 student visa to a marriage-based green card can be intricate. This guide outlines crucial aspects, particularly focusing on the 90-day rule and the distinction between marrying a U.S. citizen versus a green card holder.

Understanding the 90-day Rule

- F-1 visa holders must wait 90 days after entering the U.S. before applying for a green card (adjustment of status).
- This rule aims to prevent individuals from misrepresenting their intent to study temporarily.
- Violating this rule can significantly complicate the process, potentially leading to denial.

Marrying a U.S. Citizen

- Both spouses file Form I-130 (Petition for Alien Relative) and Form I-485 (Application to Register Permanent Residence or Adjust Status) concurrently.
- Proof of a bona fide marriage is essential.
- Green card approval usually takes 10-13 months after USCIS receives the application.
- The 90-day rule applies only to Form I-485.
- Marrying within 90 days of entry can raise suspicion of willful misrepresentation.

Marrying a Green Card Holder

- The sponsoring spouse files Form I-130.
- After approval, a visa number must be awaited.
- If the visa number becomes available before the F-1 visa expires, adjustment of status can be pursued within the U.S. using Form I-485.
- If the F-1 visa expires before the visa number is available, the applicant must return to their home country and apply through consular processing (Form DS-260).
- If the green card holder spouse becomes a U.S. citizen during the process, the applicant can switch to the process for spouses of U.S. citizens.

Additional Considerations

- Travel outside the U.S. while the green card application is pending requires Advance Parole.
- F-1 students on OPT can work during the green card process but need to apply for a work permit (EAD) within 150 days of filing Form I-485.
- Overstaying the F-1 visa can lead to re-entry bans.
- USCIS processing times may vary.

For more information on these forms and processes, visit the official USCIS website:
- Form I-130: https://www.uscis.gov/i-130
- Form I-485: https://www.uscis.gov/i-485
- Form DS-260: https://ceac.state.gov/ceac/

Conclusion

Transitioning from an F-1 visa to a marriage-based green card involves understanding the 90-day rule, the different processes based on the spouse's status, and potential challenges like overstays. Seeking professional guidance is highly recommended to navigate this complex process successfully.

Disclaimer:

The information presented in this article is intended for academic and marketing purposes only and should not be construed as legal advice. It is essential to consult with a qualified immigration attorney or legal professional for accurate and up-to-date legal counsel specific to your individual circumstances. Laws and regulations are subject to change, and professional guidance is crucial to ensure compliance.

OpenSphere is a technology company and does not hold itself out as a law firm. It operates independently and is not affiliated with or endorsed by the U.S. Citizenship and Immigration Services (USCIS) or any government entity. OpenSphere, its authors, and agents do not warrant the accuracy or real-world applicability of the information herein, nor are they liable for any damages arising from reliance on this information.