Welcome to this comprehensive guide designed to help you navigate the process of changing your status from an F-1 student visa to a green card through marriage. This article is specifically tailored for individuals who are currently in the United States on an F-1 visa and are considering or have already married a U.S. citizen or green card holder. It can also serve as a useful resource for immigration lawyers or anyone interested in U.S. immigration policies and procedures.

The journey from an F-1 student visa to a green card may seem daunting, but with the right information and guidance, it can be a manageable process. This guide will walk you through the essential steps, provide you with key insights, and help you understand the implications of each stage of the process. Let's get started.

Before we delve into the process of changing your status, it's important to understand what an F-1 student visa is and who is eligible for it.

An F-1 student visa is a non-immigrant visa that allows foreign students to study in the United States. This visa is typically granted to students who are enrolled in an academic education program, not a vocational one, at an approved school or accredited U.S. college or university.

Eligibility for an F-1 student visa requires that you:

Understanding your current status as an F-1 student visa holder is the first step in your journey towards obtaining a green card. In the next section, we will discuss the "90-day rule" and its implications on your green card application process.

One of the crucial aspects to understand when considering changing your status from an F-1 student visa to a green card through marriage is the "90-day rule". This rule is an important guideline used by U.S. immigration officers to determine whether an individual has misrepresented their intentions when applying for a non-immigrant visa, such as the F-1 student visa.

The 90-day rule presumes that if you apply for a green card within your first 90 days in the U.S., you misrepresented your intentions for coming to the U.S. This rule applies to your most recent entry to the U.S., not your initial entry.

To calculate the 90-day period, start counting from the day you entered the U.S. For example, if you entered the U.S. on January 1, your 90-day period would end on March 31. 

It's important to note that violating the 90-day rule could lead to severe consequences, including the denial of your green card application and potential immigration fraud charges. Therefore, it's recommended to wait at least 90 days after entering the U.S. before applying for a green card.

In the next section, we will discuss the two paths to obtaining a green card: one if your spouse is a U.S. citizen and another if your spouse is a green card holder.

Changing Status from F-1 Visa to Green Card through Marriage

Now that you understand the 90-day rule, let's explore the process of changing your status from an F-1 visa to a green card through marriage. There are two paths to obtaining a green card, depending on whether your spouse is a U.S. citizen or a green card holder.

If your spouse is a U.S. citizen, you are eligible to apply for a green card without waiting for a visa number to become available. The process involves submitting two forms:

To avoid triggering the 90-day rule, it's recommended to wait at least 90 days after entering the U.S. before applying for a green card.

If your spouse is a green card holder, the process is slightly different. Your spouse must file Form I-130, Petition for Alien Relative, to establish the relationship between you two. However, unlike spouses of U.S. citizens, you must wait for a visa number to become available before you can apply for a green card.

The waiting period for a visa number can vary and may take several years. The process varies depending on whether your visa number becomes available before or after your F-1 visa expires. 

In the next section, we will discuss what happens after you apply for a green card, including receiving a new work permit and the type of green card you receive.

Once you've submitted your application for a green card, there are several things that will happen. Let's walk through these steps so you know what to expect.

After you've applied for a green card, you'll receive a new work permit, also known as an Employment Authorization Document (EAD). This permit allows you to work in the United States while your green card application is being processed. The EAD is usually valid for one year, but it can be renewed if your green card application is still pending.

The type of green card you receive depends on the duration of your marriage at the time of green card approval. 

In the next section, we will discuss what to do if you overstay your F-1 visa and the potential consequences of doing so.

After you've filed Form I-130, you might be wondering if you can travel abroad. The answer is yes, but with certain precautions.

Once you've filed Form I-130, you are in the process of adjusting your status from a non-immigrant to an immigrant. During this time, it's crucial to maintain your non-immigrant status until your green card application is approved. This means you should continue to maintain your F-1 status, which includes keeping your full course of study.

If you need to travel abroad, you should apply for and receive advance parole before leaving the U.S. Advance parole is a document that allows certain aliens to re-enter the U.S. without an immigrant visa or non-immigrant visa after traveling abroad. You can apply for advance parole by filing Form I-131, Application for Travel Document.

However, even with advance parole, re-entry to the U.S. is not guaranteed. U.S. Customs and Border Protection (CBP) officers at the port-of-entry have the authority to permit or deny admission to the U.S.

In the next section, we will discuss a significant update regarding the F-2A family-based category and its impact on green card applications.

We've covered a lot of ground in this guide, from understanding the F-1 student visa and the 90-day rule to exploring the process of changing your status to a green card through marriage. We've also discussed what happens after you apply for a green card, how to handle overstaying your F-1 visa, and what to do if you need to travel abroad after filing Form I-130.

Remember, the journey from an F-1 student visa to a green card is a process, and each individual's situation is unique. It's important to stay informed and updated about U.S. immigration policies and procedures. If you have any questions or concerns, it's always a good idea to seek professional advice.

We hope this guide has been helpful in providing you with a clearer understanding of the process. Good luck on your journey towards obtaining a green card!

This guide is for F-1 student visa holders considering marriage/green-card-for-immediate-relatives-of-us-citizen^) as a way to get a green card. It covers eligibility, the 90-day rule, different paths based on your spouse's status, necessary forms, waiting periods, and work permit process. It also discusses green card types based on marriage duration and travel precautions after filing Form I-130.

From F-1 Student Visa to Green Card Through Marriage: A Guide

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