Changing your status from an F-1 student visa to a marriage-based green card (lawful permanent residency) involves several steps and can be a complex process. Here’s a general outline of the steps you should follow:
- Get Married: The first step is to get married to a U.S. citizen or a permanent resident (green card holder). You’ll need to provide proof of a valid, bona fide marriage. This could include a marriage certificate, joint financial records, photographs, and any other evidence that demonstrates the authenticity of your marriage.
- Petition by Your Spouse: Your U.S. citizen or permanent resident spouse will need to file an immigrant visa petition on your behalf. If your spouse is a U.S. citizen, they can file Form I-130 (Petition for Alien Relative). If your spouse is a green card holder, they can also file the I-130, but there may be a waiting period for visa numbers to become available.
- I-130 Approval: Once the I-130 petition is approved by U.S. Citizenship and Immigration Services (USCIS), you’ll receive a Notice of Action (Form I-797) indicating the approval.
- Adjustment of Status (I-485): If you’re already in the United States on an F-1 visa and your priority date is current (meaning a visa number is available), you can file Form I-485 (Application to Register Permanent Residence or Adjust Status). If you are outside the U.S., you may need to apply for an immigrant visa through consular processing.
- Biometrics Appointment: You will be scheduled for a biometrics appointment, where your fingerprints and photographs will be taken.
- Medical Examination: You will need to undergo a medical examination by a USCIS-approved civil surgeon and submit the required medical examination forms.
- Interview: You and your spouse will be called for an interview with a USCIS officer. The purpose of the interview is to assess the validity of your marriage and your eligibility for a green card. You should bring supporting documentation to prove the authenticity of your marriage.
- Wait for Decision: After the interview, USCIS will make a decision on your application. If approved, you will receive your green card. If denied, you may be placed in removal proceedings.
- Conditional Green Card (if applicable): If you’ve been married for less than two years when you receive your green card, it will be a conditional green card. You will need to apply to remove these conditions within 90 days of your green card’s expiration.
What documents are required for changing status from F-1 to marriage green card?
When changing your status from an F-1 visa to a marriage green card, you will need to submit various documents to support your application. These documents are used to demonstrate the validity of your marriage and your eligibility for a green card. Here’s a list of typical documents you may be required to submit:
- Form I-485 (Application to Register Permanent Residence or Adjust Status): This is the main application form for adjusting your status to a permanent resident. It should be completed and submitted along with the required fee.
- Form I-130 (Petition for Alien Relative): This form should be filed by your U.S. citizen or green card holder spouse to establish the qualifying relationship. It is usually filed before you submit Form I-485.
- Marriage Certificate: A copy of your official marriage certificate is essential to prove the validity of your marriage.
- Passport: Provide a copy of the biographical page of your passport.
- Form I-94, Arrival/Departure Record: A copy of your most recent Form I-94, which shows your current immigration status.
- Visa Status Documentation: Include copies of any other immigration documents related to your F-1 status, such as your Form I-20, any previous Employment Authorization Documents (EAD), and your Student and Exchange Visitor Information System (SEVIS) records.
- Two Passport-Sized Photos: You will need to submit passport-sized photos meeting USCIS specifications.
- Financial Support Documents: If the sponsoring spouse is a U.S. citizen, they should provide an Affidavit of Support (Form I-864) along with supporting financial documents, such as tax returns, W-2 forms, and employment verification. If the sponsoring spouse is a green card holder, they may still need to provide financial documents, but they might also need a joint sponsor who is a U.S. citizen or green card holder.
- Proof of Bona Fide Marriage: This includes evidence to demonstrate the authenticity of your marriage, such as joint financial records (bank statements, leases, bills), photographs of you and your spouse together, affidavits from friends and family, and any other documents that show a shared life.
- Birth Certificates: Copies of birth certificates for both you and your spouse.
- Medical Examination Report: You’ll need to provide the results of a medical examination conducted by a USCIS-approved civil surgeon.
- Police Clearance Certificate: If you have lived in other countries for more than six months since the age of 16, you may be required to provide police clearance certificates from those countries.
- Affidavit of Support (Form I-864): If the sponsoring spouse is a U.S. citizen or green card holder, they must complete this form to demonstrate their ability to financially support you.
- Form I-693, Report of Medical Examination and Vaccination Record: This form, completed by the civil surgeon during your medical examination, is required to establish that you are not inadmissible on health-related grounds.
- Any additional forms and documents requested by USCIS: Depending on your specific circumstances, USCIS may request additional documentation.