What Happens if an F-1 Visa Holder Marries a U.S. Citizen or Resident?

F-1 students may find themselves in a romantic relationship with a U.S. citizen or resident that evolves into marriage. In this circumstance, the F-1 student may be eligible to apply for their own lawful permanent resident status (a Green Card). Follow the steps below to determine what to do after marrying a U.S. citizen or resident as an F-1 student visa holder.

Step 1: The F-1 visa holder must wait 90 days after their last entry into the United States.

U.S. immigration law requires F-1 visa holders to be subject to the 90-Day Rule. In short, the 90-Day Rule says that F-1 visa holders must not take any action against their F-1 status within 90 days after entering the United States. Applying for a Green Card would be considered acting against your F-1 status since the F-1 visa is a nonimmigrant (temporary visa) category. 

Step 2: The F-1 visa holder may apply for Adjustment of Status.

The F-1 visa holder needs to adhere to the 90-Day Rule and enter a genuine marriage with a citizen or resident; then, they will be eligible to change immigration status from F-1 to marriage-based Green Card. F-1 status may be changed to lawful permanent resident status by applying for Adjustment of Status through United States Citizenship and Immigration Services (USCIS).

Step 3: Receive Green Card.

If the Adjustment of Status application is approved by USCIS, the F-1 visa holder will transition from F-1 status to conditional or lawful permanent resident. If the marriage is less than two years old, the F-1 spouse will transition to a conditional Green Card that is valid for two years. If the marriage is more than two years old, the F-1 spouse will transition to a permanent Green Card that is valid for ten years and renewable.

These Green Card categories are referred to as Conditional Resident (CR-1) and Immediate Relative (IR-1) visas. Individuals on CR-1 visas must apply to remove the conditions on their Green Card within 90 days of its expiration date. If the conditions are removed, then the CR-1 visa will become an IR-1 visa.

Find more specific details on transitioning from F-1 status to marriage-based Green Card in the guides linked throughout this article.

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