How to Change Your Immigration Status From F-1 to a Marriage Green Card
Changing your immigration status from an F-1 student visa to a marriage-based green card (permanent residency) involves several steps and can be a complex process. Here’s a general overview of what you would typically need to do:
Step 1: Get Married
Before proceeding with any immigration paperwork, you need to legally marry a U.S. citizen or lawful permanent resident (green card holder).
Step 2: Determine Eligibility
Ensure that you meet the eligibility criteria for adjusting your status. Generally, to adjust status through marriage, you must:
- Be legally married to a U.S. citizen or lawful permanent resident.
- Have entered the marriage in good faith, not solely for immigration purposes.
- Be physically present in the United States.
- Be admissible to the United States (not barred from entry for reasons such as criminal activity or immigration violations).
Step 3: File Form I-130, Petition for Alien Relative
The U.S. citizen or lawful permanent resident spouse must file Form I-130 on your behalf. This form establishes the relationship between you and your spouse.
Step 4: File Form I-485, Application to Register Permanent Residence or Adjust Status
Once the Form I-130 is approved, you can file Form I-485 to adjust your status to that of a lawful permanent resident. Along with Form I-485, you’ll typically need to submit supporting documents such as:
- Copy of your passport
- Birth certificate
- Marriage certificate
- Form I-94, Arrival/Departure Record
- Medical examination report (Form I-693)
- Evidence of financial support (Form I-864, Affidavit of Support)
- Any other documents as required by USCIS
Step 5: Attend Biometrics Appointment
After filing Form I-485, you’ll receive a notice for a biometrics appointment where your fingerprints, photograph, and signature will be taken.
Step 6: Attend Interviews
You and your spouse will likely be required to attend an interview at a USCIS office. The purpose of the interview is to verify the bona fides of your marriage and eligibility for adjustment of status.
Step 7: Receive Decision
If your application is approved, you’ll receive your green card by mail. If there are any issues with your application, USCIS may issue a Request for Evidence (RFE) or deny your application.
Important Notes:
- It’s crucial to ensure all forms are filled out correctly and that you provide all necessary documentation.
- The process can take several months to over a year, depending on various factors such as USCIS processing times and whether additional evidence or interviews are required.
- Consider consulting with an immigration attorney to guide you through the process, especially if your case is complex or if you have concerns about eligibility.
How to Change Status from B-1/B-2 to a Marriage Green Card
Changing your immigration status from a B-1/B-2 visitor visa to a marriage-based green card (permanent residency) involves a specific process. Here’s a step-by-step guide:
Step 1: Get Married
Before beginning the immigration process, you must legally marry a U.S. citizen or lawful permanent resident (green card holder).
Step 2: Determine Eligibility
Ensure you meet the eligibility criteria for adjusting your status. Generally, to adjust status through marriage, you must:
- Be legally married to a U.S. citizen or lawful permanent resident.
- Have entered the marriage in good faith, not solely for immigration purposes.
- Be physically present in the United States.
- Be admissible to the United States (not barred from entry for reasons such as criminal activity or immigration violations).
Step 3: File Form I-130, Petition for Alien Relative
Your U.S. citizen or lawful permanent resident spouse must file Form I-130 on your behalf. This form establishes the relationship between you and your spouse.
Step 4: File Form I-485, Application to Register Permanent Residence or Adjust Status
Once the Form I-130 is approved, you can file Form I-485 to adjust your status to that of a lawful permanent resident. Along with Form I-485, you’ll typically need to submit supporting documents such as:
- Copy of your passport
- Birth certificate
- Marriage certificate
- Form I-94, Arrival/Departure Record
- Medical examination report (Form I-693)
- Evidence of financial support (Form I-864, Affidavit of Support)
- Any other documents as required by USCIS
Step 5: Attend Biometrics Appointment
After filing Form I-485, you’ll receive a notice for a biometrics appointment where your fingerprints, photograph, and signature will be taken.
Step 6: Attend Interviews
You and your spouse will likely be required to attend an interview at a USCIS office. The purpose of the interview is to verify the bona fides of your marriage and eligibility for adjustment of status.
Step 7: Receive Decision
If your application is approved, you’ll receive your green card by mail. If there are any issues with your application, USCIS may issue a Request for Evidence (RFE) or deny your application.
Important Notes:
- It’s crucial to ensure all forms are filled out correctly and that you provide all necessary documentation.
- The process can take several months to over a year, depending on various factors such as USCIS processing times and whether additional evidence or interviews are required.
- Consider consulting with an immigration attorney to guide you through the process, especially if your case is complex or if you have concerns about eligibility.