How to Change Your Immigration Status From F-1 to a Marriage Green Card

If you are an international student in the United States on an F-1 visa and planning to marry a U.S. citizen or permanent resident, you may be considering changing your immigration status to a marriage-based green card. 

Although the process can be complex, with the right information and guidance, you can navigate it successfully. 

This article will provide a step-by-step guide on how to change your immigration status from F-1 to a marriage-based green card, including the application process, timeline, costs involved, and required documents and forms.

How to Apply for a Marriage-Based Green Card on a Student F-1 Visa

To apply for a marriage green card on an F-1 student visa, you must be married to a U.S. citizen or permanent resident. 

Engaged couples cannot apply for a green card until they are married. 

Once you are married, your spouse can petition for you to become a lawful permanent resident. 

Additionally, you must meet certain eligibility requirements, such as having no criminal or immigration violations in your record. 

If you are married to a U.S. citizen

If you are a F-1 student married to a U.S. citizen, you will need to file the following forms with USCIS to obtain a marriage green card:

1. Form I-130, Petition for Alien Relative. This form establishes the relationship between you and your spouse and begins the process of obtaining permanent residency in the U.S.
2. Form I-485 (Application to Register Permanent Resident or Adjust Status). This form is used to apply for a marriage-based green card and adjust your status from a nonimmigrant F-1 visa to a permanent resident.
3. Form I-864 (Affidavit of Support). This form is used to demonstrate that you as an immigrant will not become a public charge in the United States and that your sponsor spouse has sufficient financial resources to support you.
4. Form I-693 (Report of Medical Examination and Vaccination Record). All immigrants are required to complete a medical examination in the U.S. before their green card can be approved.
5. Form I-765 (Application for Employment Authorization). If you wish to work in the U.S. while your marriage green card application is pending, you will need to submit this form to request employment authorization.
6. Form I-131 (Application for Advance Parole). If you wish to travel outside of the U.S. while your marriage green card application is pending, you will need to submit this form to request a travel document.
7. Payment of government filing fee of $1,760 (age 14-78). Form I-130 can be filed online and USCIS accepts credit card payments for online filings. If 

Spouses of U.S. citizens physically present in the U.S. on F-1 visa, can file all the immigration forms at the same time (or “concurrently”). 

It means that as a spouse of a U.S. citizen, you don’t have to wait until the Form I-130 is approved to file the green card (I-485) application.

All forms (marriage petition, green card, employment authorization & travel document application) can be filed together in one package.

Besides the required immigration forms, the payment of filing fee, you must provide evidence in support of your application. The checklist of required documents for F-1 students applying for marriage green card in the U.S. is p rovided below in this article.

Extending status in the U.S. Once your green card application is officially registered by USCIS, you don’t need to extend your status in the U.S. You are authorized to stay in the U.S. while your application is pending.

Visa overstay and unauthorized employment. Spouses of U.S. citizens are not penalized for visa overstay and unauthorized employment. However, leaving the U.S. with a history of visa overstay and unauthorized employment before green card approval most likely will create problems with re-entering the U.S.

If you are married to a green card holder

If you are a F-1 student married to a green card holder, you need to take the following steps:

1. Check if your “visa number” is immediately available for your category. 
2. Go to the most recent Adjustment of Status Filing Charts from the Visa Bulletin, find the “Current Month’s Adjustment of Status Filing Charts”, scroll down to “USCIS Adjustment of Status Filing Charts” for the current month.  
3. In the chart find your F2A category and your country of birth. If you see a “C” letter for your category, it means that you can file the following immigration forms at the same time: Forms I-130, I-130A, I-485, I-864, I-765 and I-131.
4. This chart gets updated every month, so you need to check the most recent version.
5. If you see a date in your category (for example, 01/01/2023), it means that only those spouses who filed I-130 forms before 01/01/2023 can file their I-485 application in the U.S. This date is called “Priority Date”. In this case, you can file Forms I-130 and I-130A only. The date USCIS registered your application is the “Priority Date”. You can find this date on the USCIS notice in the “Notice Date” field. Once the priority date posted on the USCIS website matches your I-130’s notice date, you are allowed to file the rest of immigration forms: I-485, I-864, I-765 and I-131.

Extending status in the U.S. Spouses of permanent residents must understand that filing Form I-130 by itself does not extend your F-1 status. You have to correctly & timely Form I-485 to stay in the U.S. while your green card application is pending. If you are authorized to stay in the U.S. on your F-1 visa (for studying and working on OPT) and you comply with F-1 status terms, you can be physically present in the U.S. while your marriage-based green card application is pending.

Visa overstay and unauthorized employment. Spouses of permanent residents must be careful with visa overstay or unauthorized employment in the U.S. Any immigration violations might result in green card denial. Spouses of permanent residents cannot have any visa overstay or unauthorized employment record in the U.S. and must strictly maintain their nonimmigrant status while waiting for USCIS to process their green card applications.

What Happens After Application is Submitted

Once your marriage green card application is filed, you can expect the following actions to be taken in your case. 

The timeline below is based on our clients actual applications filed with USCIS. If your application isn’t filed correctly, the processing timeline may be delayed significantly.

If filed concurrently (Forms I-130 and I-485 together)

1. USCIS registers your application (1 week). If Form G-1145 was submitted, you will receive text messages and/or email containing USCIS receipt numbers. It means that your application was officially registered.
2. Hard copy USCIS notices arrive by mail (2 weeks). It may also include instructions on creating an online USCIS account. We highly recommend creating an online USCIS account using the Online Access Code, it will allow you to to track the status of your case online, upload an electronic version of all notices and upload new evidence or respond to RFE (Request for Evidence) electronically.
3. Beneficiary attends the biometrics appointment at USCIS center (1 month).
4. Employment Authorization Document (work permit) is issued – anywhere between 1.5 months to 13 months. Some applicants do not get their work permits approved.
5. USCIS mails Form I-693 deficiency notice – anywhere between 3 months to 12 months. It’s a notice explaining that your original medical form wasn’t submitted with the application and further instructions on submitting a medical form will be mailed by USCIS later in the process.
6. USCIS issues an RFE (Request for Evidence) – anywhere between 3 months to 12 months. It’s a notice explaining what documents are missing for the USCIS to complete the review of your application. You will need to carefully review the USCIS instructions provided in the RFE notice and prepare a thorough response. Failure to provide any requested documentation might result in denial. USCIS never refunds any filing fees if the application is denied.
7. Interview at a local USCIS office is scheduled – anywhere between 3 months to 13 months. Petitioner (US citizen or permanent resident spouse) and Beneficiary (foreign spouse) will need to attend an in-persistent interview at a nearest local USCIS office. During the interview, you and your spouse will be asked questions about your relationship and your eligibility for a green card. It is important to prepare for the interview by reviewing your application and practicing your responses to potential questions. Sometimes interviews are waived which means that green card application will be approved without an interview.
8. USCIS makes a decision on your application – anywhere between 3 months to 13 months. USCIS will either approve or deny your application. If the application is approved, the green card will be delivered by mail. If your application is denied, you may have the option to appeal the decision or reapply in the future.

If filed separately (Form I-130 is filed first, I-485 later)

1. USCIS registers Forms I-130 and I-130A (0 days to 1 week). If Forms I-130 and I-130A are submitted online, you will receive the USCIS registration notice immediately. If Forms I-130 and I-130A were filed by mail and G-1145 was submitted, you will receive text messages and/or email containing USCIS receipt numbers. It means that your application was officially registered.
2. Hard copy USCIS notices arrive by mail (2 weeks). It may also include instructions on creating an online USCIS account. We highly recommend creating an online USCIS account using the Online Access Code, it will allow you to to track the status of your case online, upload an electronic version of all notices and upload new evidence or respond to RFE (Request for Evidence) electronically.
3. USCIS issues an RFE (Request for Evidence) – anywhere between 3 months to 12 months. It’s a notice explaining what documents are missing for the USCIS to complete the review of your application. You will need to carefully review the USCIS instructions provided in the RFE notice and prepare a thorough response. Failure to provide any requested documentation might result in denial. USCIS never refunds any filing fees if the application is denied.
4. Form I-130 is approved or denied – anywhere from 6 months to 13 months.
5. If Form I-130 is approved, the Beneficiary can immediately submit the following forms: I-485, I-864, I-765, I-131 and I-693.
6. USCIS registers your I-485 application (1 week). If Form G-1145 was submitted, you will receive text messages and/or email containing USCIS receipt numbers. It means that your application was officially registered.
7. Hard copy USCIS notices arrive by mail (2 weeks). It may also include instructions on creating an online USCIS account. We highly recommend creating an online USCIS account using the Online Access Code, it will allow you to to track the status of your case online, upload an electronic version of all notices and upload new evidence or respond to RFE (Request for Evidence) electronically.
8. Beneficiary attends the biometrics appointment at USCIS center (1 month).
9. Employment Authorization Document (work permit) is issued – anywhere between 1.5 months to 13 months. Some applicants do not get their work permits approved.
10. USCIS mails Form I-693 deficiency notice – anywhere between 3 months to 12 months. It’s a notice explaining that your original medical form wasn’t submitted with the application and further instructions on submitting a medical form will be mailed by USCIS later in the process.
11. USCIS issues an RFE (Request for Evidence) – anywhere between 3 months to 12 months. It’s a notice explaining what documents are missing for the USCIS to complete the review of your application. You will need to carefully review the USCIS instructions provided in the RFE notice and prepare a thorough response. Failure to provide any requested documentation might result in denial. USCIS never refunds any filing fees if the application is denied.
12. Interview at a local USCIS office is scheduled – anywhere between 3 months to 13 months. Petitioner (US citizen or permanent resident spouse) and Beneficiary (foreign spouse) will need to attend an in-persistent interview at a nearest local USCIS office. During the interview, you and your spouse will be asked questions about your relationship and your eligibility for a green card. It is important to prepare for the interview by reviewing your application and practicing your responses to potential questions. Sometimes interviews are waived which means that green card application will be approved without an interview.
13. USCIS makes a decision on your application – anywhere between 3 months to 13 months. USCIS will either approve or deny your application. If the application is approved, the green card will be delivered by mail. If your application is denied, you may have the option to appeal the decision or reapply in the future.

Timeline to Change Status from F-1 Student Visa to Marriage-Based Green Card

The timeline for changing your immigration status from an F-1 student visa to a marriage-based green card can vary depending on several factors, including how quickly USCIS processes your application and whether additional documentation is required. 

Generally, the process can take between 3 months and 24 months from the time you file your I-130 petition to the time you receive a decision on your green card application. 

Note that the timeline is different for every case. 

For example, the process might be lengthier when your spouse is a permanent resident rather than a U.S. citizen. 

It is important to be patient and to carefully follow the steps outlined in the application process. 

What is the Cost of Changing Status from F-1 Student Visa to Marriage-Based Green Card

The first cost you will encounter is the government fees associated with the green card application. 

Currently the USCIS filing fees for a marriage-based green card are $1,760 total, which includes:

• I-130 petition fee ($535)
• I-485 Adjustment of Status fee ($1,140), and the biometrics fee ($85). 

It is important to note that these fees are subject to change, so it is always a good idea to check the USCIS website for the most up-to-date information.

While it is possible to complete the green card application process without the assistance of an attorney, many people choose to work with an experienced immigration lawyer to ensure that their application is prepared and submitted correctly. 

At bwea.com we keep these fees as reasonable as possible, charging only a flat legal fee of $2,500 for all marriage green card applications.

In addition to government fees and attorney fees, there may be other costs associated with the green card application process. 

For example, you may need to pay for medical examinations ($200 to $600), translations of documents, and travel expenses to attend interviews or biometric appointments. 

It is important to factor in these additional costs when budgeting for your green card application.

All told, the costs associated with changing your status from an F-1 student visa to a marriage green card can total anywhere from $1,960 to $4,860.

However, it is important to keep in mind that the actual cost may be higher or lower depending on your specific circumstances. 

For example, if your case is straightforward and you do not need the assistance of an attorney, your costs may be on the lower end. 

On the other hand, if your case is more complicated and requires additional services, such as a waiver of inadmissibility, your costs may be higher.

The Difference Between Marriage to a Permanent Resident and Marriage to a U.S. Citizen

The eligibility criteria for a marriage-based green card are the same for both U.S. citizens and permanent residents. 

To sponsor your spouse for a green card, you must be married and able to demonstrate that your marriage is bona fide, or genuine. 

This means that you must show that you have a real, committed relationship with your spouse and that you did not get married solely for the purpose of obtaining immigration benefits. Evidence of your relationship includes documents that substantiate the authenticity of your relationship, such as photographs, financial documents, lease agreements, or affidavits from friends and family.

One of the most significant differences between marriage to a U.S. citizen and marriage to a permanent resident can be the processing time for the green card application. 

Generally speaking, the process might be faster for spouses of U.S. citizens than it is for spouses of permanent residents. 

This is because there is no limit to the number of green cards available each year for immediate relatives of U.S. citizens, including spouses. 

As a result, the processing time for a marriage-based green card for a spouse of a U.S. citizen is usually around 12-13 months, while the processing time for a spouse of a permanent resident can be much longer (up to 2-3 years).

Another important difference between marriage to a U.S. citizen and marriage to a permanent resident is beneficiary’s immigration violations. For example, if spouses of U.S. citizens have overstayed their visas or worked in the U.S. without authorization, it will not negatively impact the foreign spouse’s green card application. The situation is different for spouses of permanent residents. Spouses of permanent residents are not allowed to have any visa overstay or history of unauthorized employment in the U.S.

Because there are more green cards available each year for spouses of U.S. citizens, the chances of obtaining a green card are generally higher for those in this category. Additionally, spouses of U.S. citizens are not subject to any numerical limitations or quotas, which means that their green card applications will not be delayed or denied due to visa availability. By contrast, spouses of permanent residents are subject to numerical limitations and may face a longer wait time or even be unable to obtain a green card if there are no more available visas.

Finally, marriage to a U.S. citizen, means that you may be eligible to apply for naturalization after 2 years and 9 months of being a permanent resident. 

If you marry a permanent resident, you will need to wait the standard 4 years and 9 months before being eligible for naturalization.

How to Get Employment Authorization While Waiting for a Marriage-Based Green Card

While you are waiting for your marriage green card to be processed, you may be eligible to apply for employment authorization. 

This allows you to legally work in the U.S. while your green card application is pending. 

To apply for employment authorization, you will need to file Form I-765, Application for Employment Authorization, along with your Form I-485, Application to Register Permanent Residence or Adjust Status. 

There’s no additional government fee to file your employment authorization application (Form I-765). You can file I-765 at the same time as you file I-485 or anytime after I-485 was filed.

In addition to Form I-765, you will need to provide supporting documents to demonstrate your eligibility for employment authorization. These documents may include:

1. A copy of your Form I-94, Arrival/Departure Record
2. A copy of your current F-1 student visa
3. Two U.S. passport-style photographs
4. A copy of your passport biographic page
5. A copy of your previously issued F-1 OPT (Optional Practical Training) Employment Authorization Document (EAD) – front and back

It is important to carefully review the instructions for Form I-765, to ensure that you include all required supporting documents and submit them in the correct format.

After you file Form I-765, you will need to wait for it to be processed by USCIS. You will also need to complete the biometric appointment before USCIS can issue your work permit.

Processing times vary depending on the volume of applications received and the workload of the processing center. 

In our experience, it can take anywhere from 1.5 months to 13 months to get employment authorization approved.

Applying for employment authorization does not guarantee approval. Some applicants never receive their employment authorization documents. If a green card is issued, you don’t need to have an EAD. Your green card will serve as proof of your employment authorization.

If your application is approved, you will receive a work permit card, also known as an Employment Authorization Document (EAD), which will allow you to work legally in the U.S. for a specified period. 

It is important to note that work permits are not permanent and must be renewed periodically. 

The validity period of your work permit will be determined by USCIS and may vary depending on your individual circumstances.  Usually marriage-based EADs are valid for 1-2 years.

You should file a renewal application well in advance of your current work permit’s expiration date, to ensure that there is no gap in your employment authorization.

Can I file F-1 OPT EAD (I-765) at the Same Time As I File a Marriage Green Card Application?

Yes, you can file F-1 OPT EAD (Form I-765) at the same time as you file your marriage green card application. It will allow you to obtain an OPT EAD through F-1 visa while you’re waiting for your green card to be approved.

Documents Needed to Change Status from F-1 Visa to Marriage-Based Green Card

To change your immigration status from F-1 to a marriage-based green card, you will need to submit the following documents supporting documents.

• U.S. citizen or green card holder spouse is a “Petitioner”
• Foreign spouse applying for a green card is a “Beneficiary”.
• All documents in foreign languages must be translated into English.

 

Required documents	Examples of acceptable documents	Who provides it
Marriage certificate	Marriage certificate	Both spouses
Proof of U.S. citizenship (if Petitioner is a U.S. citizen)	Provide at least one of the following documents: U.S. birth certificate (if Petitioner was born in the U.S.) Certificate of Naturalization (if Petitioner is a naturalized U.S. citizen) Certificate of Citizenship (if Petitioner obtained citizenship through parents) Consular Report of Birth Abroad (if you were born abroad) Valid U.S. passport
Proof of permanent residency (if Beneficiary is a green card holder)	Front and back of green card	Petitioner
Copy of legal name change (only if applicable)	Marriage certificate Divorce decree Court order of name change	Both spouses
Birth certificate	Long-form birth certificate that lists both parents If a birth certificate was never issued or unavailable: Letter of Unavailability from the appropriate government office in your home country (for example, Registrar Office of your city of birth)	Beneficiary
Secondary evidence of birth (optional but recommended)	At least one document that has the name, date and place of birth: Church records School records Medical records	Beneficiary
ID documents	Passports (biographic page) Driver’s license Other government-issued IDs	Both spouses
Proof that foreign spouse entered the U.S. lawfully	Form I-94 F-1 visa page CBP (Customs and Border Patrol) stamp	Beneficiary
Proof that foreign spouse has continued to maintain their legal status in the U.S.	Copy of all I-797 Approval/Receipt notices for Change or Extension of nonimmigrant status Copy of all I-20 forms  Copy of all F-1 Employment Authorization Documents (EADs) Any other documents issued by USCIS	Beneficiary (required for spouses of permanent residents only)
Previously issued Employment Authorization Document (EAD)	Front and back of your previously issued OPT EAD	Beneficiary (only if EAD was ever issued)
U.S. passport-style photographs	2 photographs of Petitioner 6 photographs of Beneficiary	Both spouses
Criminal records – if you have ever been arrested, cited, charged, convicted in any country in the world	Certified court records Certified police records	Beneficiary Petitioner (only if Petitioner has domestic violence arrests or convictions)
If you have ever been denied a U.S. visa or entry to the U.S.	All documents related to visa denial or entry denial	Beneficiary
If you have ever been put in immigration court	All documents related to immigration court proceedings	Beneficiary
Form I-693, Medical Examination and Immunizations Records	Original sealed medical form	Beneficiary
Proof of Petitioner’s income	Most recent year’s federal tax return (all pages) or IRS tax transcript  Most recent year’s all W-2 and 1099 forms Letter of current employment from Petitioner’s employer. The letter should be on business letterhead and must include the annual or hourly salary, number of hours worked per week, job title, and the date Petitioner was hired If employment letter is unavailable, provide pay stubs for the last 12 months If Petitioner is self-employed: Letter from CPA stating annual income, Petitioner’s position and ownership information Business license (if any) Proof of ownership (state registration documents), if any If assets will be used (only when Petitioner’s income doesn’t meet the minimum requirements): Proof of assets ownership  Proof of the value of asset(s) Lien/mortgage documents (if applicable) If joint sponsor (co-sponsor) is required: Joint sponsor’s separate Form I-864 Joint sponsor’s proof of U.S. citizenship or permanent resident status (green card, U.S. birth certificate, U.S. naturalization certification, U.S. citizenship certificate, U.S. passport, Consular Report of Birth Abroad) Joint sponsor’s most recent federal tax return or IRS tax transcript Joint sponsor’s most recent W-2 and 1099 forms	Petitioner Joint sponsor (if required)
Proof of marriage (bona fides)	Provide as many documents as possible: Birth certificates of children born to the couple Copies of jointly filed federal tax returns Driver’s license, state ID, or other photo ID for both spouses showing their shared address Joint checking and savings account statements (all monthly statements). Joint bank accounts must be actively used by a couple (for example, both spouses salaries are deposited into a joint account, all monthly joint expenses such as rent, utilities, grocery, insurance, gas, etc. are paid by a joint bank account) Joint credit card statements (all monthly statements). Again, all monthly joint expenses such as grocery, dining, gas, etc. are paid by a joint credit card account Real property deeds showing joint ownership for home or other real estate property Joint apartment lease showing both spouses listed as residents. Lease should be signed by both spouses.  Evidence of joint ownership of cars (title and/or car loan documents listing both spouses) Evidence of life insurance policies where the other spouse is named as the beneficiary Joint health insurance documents Joint car insurance documents Joint utility bills (gas, electric) Joint phone, internet, cable, gym account statements (all monthly statements) Employment emergency contact information (showing the spouse listed as emergency contact) Proof of spouses communicating on a regular basis (text messages, phone calls, etc.) Religious marriage certificate Proof of joint vacations (airline tickets, hotel reservations, etc.) Photographs of couple (wedding, vacations, time spent with family and friends) Notarized witness affidavits from friends and family members having personal knowledge of the couple’s relationship and marriage.	Both spouses

Extending Your F-1 Student Visa Stay While Waiting for Marriage-Based Green Card

While waiting for your marriage-based green card application to be processed, you may need to extend your F-1 student visa stay if your current visa is set to expire. 

Some applicants do not need to extend their F-1 stay but this determination can be made only by an immigration attorney.

Spouses of permanent residents might be required to maintain their F-1 status. The process for extending your F-1 visa stay will vary depending on your specific circumstances, but generally, you will need to follow these steps:

1. Talk to your Designated School Official (DSO): Your DSO is the person at your school who is responsible for maintaining your SEVIS record. They can advise you on whether you need to extend your F-1 visa stay and provide guidance on the application process.
2. File Form I-539, Application to Extend/Change Nonimmigrant Status: This form is used to request an extension of your F-1 student visa stay. You will need to provide various supporting documents, such as proof of financial support and a valid passport.
3. Pay the application fee: The current fee for Form I-539 is $370. You may also be required to pay a $85 biometric services fee.
4. Wait for a decision: USCIS processing times vary, but you can check the current processing times on the USCIS website. It is important to submit your application well in advance of your visa expiration date, to allow for processing time.
5. It is important to note that you must maintain your F-1 student status while waiting for your marriage green card application to be processed. This includes attending school full-time, maintaining a valid I-20 form, and complying with all other F-1 visa requirements.

In conclusion, the process to change your visa status requires careful planning, attention to detail, and adherence to the various requirements and deadlines established by USCIS. 

However, with the right guidance and support, from the attorneys at bwea.com it is possible to successfully navigate the application process and obtain your green card.