Advice on the Marriage Visa Process for F-1 Visa Holders

 
Why is this important? Because one of the requirements of an F-1 visa is demonstrating that you intend to return home after you’ve completed your studies. The USCIS looks for several indications of this, such as asking you to prove strong ties to your home country through family, assets, job offers, etc. You’ll also be asked directly about your intentions during the application interview. If you’re granted an F-1 visa, enter the US, and then suddenly get married and file for a status change in less than 90 days, this is a sure way to invite scrutiny (and possibly repercussions on your visa status) from the USCIS.

How long does it take for a marriage-based green card application to be processed?

This will depend on a few different factors, such as how many applicants are ahead of you, whether or not the application was filed correctly, the availability of the service center that’s processing your case, etc. If you’re getting married to a US citizen, the processing time for Form I-485 is between 5 and 14.5 months (as of 2022).
What if you’re getting married to a green card holder, though? In that case, it’s a somewhat different story. While immigrant status is readily available for foreign nationals marrying US citizens, the same cannot be said for those who are marrying green card holders. This process will take from 6 to 33 months, mainly depending on the number of applicants that are ahead of you.

How to apply for a marriage-based green card with an F-1 visa

There are several steps to the process, and a lot of waiting time as well. This is why it’s important to fill everything out correctly, and always have a Plan B in place if your application isn’t approved before your current visa expires.

Submit Form I-130

Your spouse will get the ball rolling by filing Form I-130, plus relevant documentation proving that the marriage is legitimate.

Wait for the priority date to become current

When the USCIS receives Form I-130, you’ll get a priority date, which is essentially your place in a very long line. There are typically many other people who are also waiting for their green card applications to be approved, and you’ll have to wait until your priority date becomes “current” to file for a visa status change. If the priority date is current at the time you are getting ready to file your I-130, then you can actually file the I-130 and I-485 concurrently if you are in status.

Submit Form I-485

When the priority date has finally become current, you’ll be able to file for a visa status change from F-1 to marriage-based green card. Because your spouse is only a green card holder, any overstay that you have accumulated will not be forgiven. Therefore, it is critical that you maintain your status up until the time your I-485 is filed. If not, then your I-485 will be denied.

What’s required besides documentary evidence?

One priority for the USCIS is to establish that your marriage is legitimate, so you’ll be asked to submit documentation proving this as part of the process. However, there are a couple other things you’ll have to do as well.

Attend an interview

Just like with the F-1 visa, the marriage-based green card requires you to attend an interview to verify your intentions for applying and to make sure your relationship is a legal one. The goal is to weed out the people who are trying to commit immigration fraud, as some people enter into fake marriages purely for the purpose of obtaining a green card. For the best outcome, show up to the interview on time and well-dressed, and prepared to answer questions accurately and honestly. You’ll be asked about how you met your spouse, details about the relationship (such as what you have in common), or details about your first date. None of these questions will get too personal; again, the goal is to establish that the relationship is genuine.

Get a medical examination

A USCIS-certified medical professional will perform an evaluation as part of the status adjustment process. The main things they’ll be looking for are 1) conditions that would make you depend on the federal government for support, 2) substance abuse disorders, and 3) communicable diseases.

What happens if the F-1 visa will expire before the green card is issued and your petitioner-spouse is only a green card holder and not a US Citizen?

This is the second major pitfall to avoid during this process. Since wait times can be so long, it sometimes happens that your F-1 visa’s expiration date is fast approaching, with no sign of a green card. Whatever you do, be proactive in planning the next step. Overstaying your visa can cause you to get banned from the US for years, which would certainly put a stop to your plans for married life there.

One option is to apply for an extension of your F-1 visa; another is to get a different temporary visa. The main goal is to buy yourself some time while maintaining your visa status without interruption. By planning ahead and doing everything by the book, you’ll have the best chances of getting your marriage-based green card.