How to Convert Student Visa to Green Card Through Marriage: Step by Step Guide

Do you also think you can convert your Student Visa to Green Card Through Marriage? Of course, it’s possible when done the right way.

What’s the right way? Keep reading to find out.

Every year, thousands of international students come to the United States to pursue their academic dreams.

However, many find themselves falling in love and wanting to stay in the country permanently.

If you’re one of them, you may be wondering if it’s possible to change your Student Visa to Green Card Through Marriage.

The answer is yes, but the process can be complex and confusing.

In this guide, we’ll walk you through the requirements and steps for changing your student visa to green card through marriage.

Table of Contents

Can You Get Married While on an F1 Visa?

Yes, international students on an F1 visa can get married while in the United States.

However, getting married will not automatically change your immigration status. You will still need to apply for a change of status or adjustment of status to become a permanent resident.

Read How to Get Student Visa in Japan 2024: Complete Guide

What Happens if an International Student Gets Married?

If an international student gets married to a U.S. citizen or permanent resident, they may be eligible to apply for a marriage-based green card.

This allows them to live and work in the United States permanently.

However, the process can take several months or even years, and there are no guarantees that your application will be approved.

Can You Change from a Student Visa to Green Card Through Marriage?

Yes, it is possible to change from an F1 student visa to a green card through marriage. However, you will need to follow the proper procedures and meet certain requirements.

Requirements Needed to Change Student Visa to Green Card Through Marriage

To be eligible for a marriage-based green card as an international student,

You must be legally married to a U.S. citizen or permanent resident.
You must have entered the United States legally.
Also, You must have maintained valid immigration status since entering the United States.
You must be admissible to the United States.
You must pass a medical examination and background check.

How to Change from a Student Visa to Green Card Through Marriage

The process for changing from an F1 student visa to green card through marriage involves

1. File Form I-130, Petition for Alien Relative. Your U.S. citizen or permanent resident spouse must file this form on your behalf.

2. File Form I-485, Application to Register Permanent Residence or Adjust Status. You must file this form to apply for a green card.

3. Attend a biometrics appointment. You will need to provide fingerprints and other biometric information.

4. Attend an interview at a U.S. Citizenship and Immigration Services (USCIS) office. You and your spouse will need to attend an interview together.

5. Wait for a conclusion on your visa application.

The processing time for a marriage-based green card varies from several months to several years.

What if My F-1 Visa Expires While Waiting for My Marriage-Based Green Card?

If your F-1 visa expires while you are waiting for your marriage-based green card, you will need to apply for an extension of stay or change of status to avoid accruing unlawful presence in the United States.

You can consult with an immigration attorney to determine the best course of action

Final Note

Changing from Student Visa to Green Card Through Marriage can be a long and complicated process, but it is possible to achieve this with the right guidance and support.

If you are an F1 visa holder who has fallen in love with a U.S. citizen or permanent resident, changing your status to a green card through marriage may be the best option for you.

While the process can be lengthy and there are no guarantees, the United States is a country that values family unity.

The marriage-based green card process is designed to keep families together and provide a way to permanent residency for those who qualify.

We have explained everything you need to know about converting your Student Visa to Green Card Through Marriage.

However, try to consult with an experienced immigration attorney who can guide you through the process and help you avoid any potential mistakes.

They can help you understand the requirements, gather the necessary documents, and prepare for your interview with USCIS.

We hope you find this guide helpful.

Thank you for reading and don’t forget to share.

FAQs

Can I apply for a marriage-based green card while still in school on an F1 visa?

Yes, you can apply for a marriage-based green card while still in school on an F1 visa. However, you will need to maintain your F1 status and follow all the rules and regulations associated with that visa.

Can I leave the country while my marriage-based green card application is pending?

Yes, you can leave the country while your marriage-based green card application is pending.

However, consult with an immigration attorney before doing so to ensure that you will be able to re-enter the United States.

How long do I have to wait to apply for citizenship after getting a marriage-based green card?

You can apply for citizenship three years after obtaining a marriage-based green card if you are still married and living with your spouse.

If you are no longer married, you must wait five years.

Can I apply for a green card for my children through a marriage-based petition?

Yes, if you have children who are under 21 and unmarried, they may be eligible for a green card through a marriage-based petition.

Can I work while my marriage-based green card application is pending?

Yes, you can apply for a work permit (Employment Authorization Document) while your green card application is pending.

This will allow you to work legally in the United States pending when your application is being processed.