Published: April 29, 2025
A report for calendar year 2023 revealed that the total number of foreign nationals on student visas reached 1,503,649. This figure encompasses active F-1 and M-1 students tracked through the Student and Exchange Visitor Information System (SEVIS).
An F-1 visa is one of the immigrant visa categories that authorize international students to live in the US for a defined duration while studying full-time at an accredited academic institution. Although not designed for immigration, some circumstances, such as marrying a US citizen, can open the path to permanent residency.
Suppose you become the spouse of a US citizen while holding an F-1 visa. In that case, you can qualify for a green card by requesting a change in your nonimmigrant status to a different category. However, it’s worth noting that transitioning from an F-1 visa to a green card requires meeting specific qualifications.
In this post, learn the steps involved and what to expect after marrying a US citizen on an F-1 student visa.
Overview of the Adjustment of Status Process
Once married, your US citizen spouse will file the Petition for Alien Relative for you to become a lawful permanent resident. This form demonstrates the validity of your marriage and your spouse’s eligibility to sponsor you for a US green card.
US immigration law classifies the spouses of a US citizen as immediate relatives. This classification exempts you from numerical caps, meaning you don’t have to wait in line for a visa. As a result, you receive priority in the green card process, allowing you to apply for an adjustment of status concurrently with your spouse’s petition.
After submitting the adjustment of status paperwork to USCIS, you will be scheduled for a biometrics appointment, usually within a few weeks to a couple of months. Subsequently, an in-person interview will take place to verify the authenticity of the marriage and the evidence you submitted.
You will receive a written notice once USCIS makes the decision. Suppose it approves your application. You’ll initially get an approval notice and the physical green card shortly after. On the other hand, if your application isn’t approved, the notice will specify the reason and inform you whether you can appeal.
Essential Considerations and What To Expect
The adjustment process entails more than filling out forms and submitting the paperwork. USCIS implements stricter evaluations to prevent fraudulent applications for marriage-based green cards. For instance, USCIS field officers conduct Stokes interviews more frequently to examine discrepancies in the responses of the married couple.
As one of the most scrutinized visa categories, it’s more crucial than ever to ensure the accuracy and authenticity of all information provided in the petition. Below, know what to consider and expect after marrying a US citizen while holding an F-1 student visa.
90-day rule
The timing of transitioning from an F-1 status to a green card is important. You must follow the 90-day rule to prevent further complications in your green card application. Let’s say you apply for a marriage-based green card during your first 90 days in the US. The USCIS will likely presume that you misrepresented your intentions and had no plan to return to your country of origin.
If that’s the case, you will receive a denial notice on your marriage-based application unless you can provide compelling proof that your intention to marry and become a permanent resident developed after your arrival.
Proof of bona fide marriage
Proving that your marriage is genuine and not just for immigration purposes is crucial in the marriage-based application process. Simply submitting a marriage certificate is no longer sufficient for USCIS. They already recognize the relative ease of getting married as a legal transaction.
Combined financial accounts, life insurance policies listing each other as beneficiaries, joint leases, estate planning documents, and shared utility bills are some pieces of evidence that USCIS considers more convincing to establish a real relationship.
Unauthorized employment or overstay
A valid status is imperative to ensure eligibility in adjusting your status. Unauthorized employment or overstaying a visa is a form of immigration violation that can bar you from re-entering the US for several years. Although spouses of US citizens who entered the country lawfully have special exemptions, falling out of status before filing can make the process more complex and result in increased scrutiny from USCIS.
Length of marriage
The type of green card you receive will depend on the length of your marriage when your application is approved. A conditional green card with a two-year validity is granted for a marriage that’s less than two years old.
Meanwhile, a marriage of more than two years will grant you an unconditional green card valid for 10 years. You can renew your status every 10 years or become a US citizen through naturalization if you meet the qualifications.
Call ALG Lawyers for a Successful Green Card Application
Adherence to USCIS requirements and timeline is critical for changing your immigration status. Remember that the agency will do background checks, conduct interviews, and review documents to assess the validity of your marriage before granting you a green card. Thus, ensure timely and accurate application with the assistance of a knowledgeable Los Angeles lawyer. Our team at ALG Lawyers has decades of experience handling applications for a marriage-based green card. Obtain case-specific consultation with our law firm today.
(Please note that this article does not create an Attorney-Client relationship between our law firm and the reader and is provided for informational purposes only. Information in this article does not apply to all readers. Readers should not rely on this information as legal advice and should seek specific counsel from a qualified attorney based on their individual circumstances. Thank you.)