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 green card (lawful permanent resident status) in the United States is a multi-step process that involves several government agencies and requires careful planning. Here’s a general outline of the steps you’ll need to follow:
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Eligibility:
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Ensure that you are eligible to apply for a marriage-based green card. Typically, you must be legally married to a U.S. citizen or a permanent resident.
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Marriage:
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If you are not already married to a U.S. citizen or permanent resident, you will need to get married before proceeding with the green card application process. Make sure your marriage is legally recognized in the U.S.
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I-130 Petition:
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The U.S. citizen or permanent resident spouse must file an I-130 Petition for Alien Relative on your behalf. This form establishes the qualifying family relationship.
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Form I-485 Application for Adjustment of Status:
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Once the I-130 petition is approved, you can file Form I-485, Application to Register Permanent Residence or Adjust Status, which is your application for a green card. This form also includes a series of supporting documents.
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Affidavit of Support:
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The sponsoring spouse must submit an Affidavit of Support (Form I-864) to demonstrate that they have the financial means to support you.
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Medical Examination:
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You will need to undergo a medical examination by an authorized civil surgeon. The results should be submitted as part of your green card application.
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Biometrics Appointment:
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You will be required to attend a biometrics appointment to provide fingerprints, photographs, and signature.
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Interview:
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USCIS may schedule an interview for both you and your spouse at a local USCIS office. Be prepared to answer questions about your marriage and eligibility for a green card.
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Background Checks:
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USCIS will conduct background checks on both you and your spouse.
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Conditional Green Card (If Applicable):
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If you have been married for less than two years at the time of approval, you will receive a conditional green card, which is valid for two years.
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Remove Conditions (If Applicable):
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If you received a conditional green card, you will need to jointly apply to remove the conditions within the 90-day period before the card expires by filing Form I-751, Petition to Remove Conditions on Residence.
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Wait for Approval:
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USCIS will review your application and conduct background checks. You may receive a Request for Evidence (RFE) if additional information is needed.
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Receive Green Card:
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If your application is approved, you will receive a green card, granting you lawful permanent resident status.
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How to Change Status from B-1/B-2 to a Marriage Green Card
Changing your status from a B-1/B-2 visitor visa to a marriage green card (lawful permanent resident status) in the United States can be a complex process. It’s essential to understand that a B-1/B-2 visa is a nonimmigrant visa, and changing to immigrant status (such as a green card) from a nonimmigrant status is generally more challenging. Here’s a general outline of the steps you’ll need to follow:
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Eligibility:
-
Ensure that you are eligible to apply for a marriage-based green card. Typically, you must be legally married to a U.S. citizen.
-
-
Marriage:
-
If you are not already married to a U.S. citizen, you will need to get married before proceeding with the green card application process. Make sure your marriage is legally recognized in the U.S.
-
-
I-130 Petition:
-
The U.S. citizen spouse must file an I-130 Petition for Alien Relative on your behalf. This form establishes the qualifying family relationship.
-
-
Form I-485 Application for Adjustment of Status:
-
After the I-130 petition is approved, you can file Form I-485, Application to Register Permanent Residence or Adjust Status, which is your application for a green card. This form also includes a series of supporting documents.
-
-
Affidavit of Support:
-
The sponsoring spouse must submit an Affidavit of Support (Form I-864) to demonstrate that they have the financial means to support you.
-
-
Medical Examination:
-
You will need to undergo a medical examination by an authorized civil surgeon. The results should be submitted as part of your green card application.
-
-
Biometrics Appointment:
-
You will be required to attend a biometrics appointment to provide fingerprints, photographs, and signature.
-
-
Interview:
-
USCIS may schedule an interview for both you and your spouse at a local USCIS office. Be prepared to answer questions about your marriage and eligibility for a green card.
-
-
Background Checks:
-
USCIS will conduct background checks on both you and your spouse.
-
-
Conditional Green Card (If Applicable):
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If you have been married for less than two years at the time of approval, you will receive a conditional green card, which is valid for two years.
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Remove Conditions (If Applicable):
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If you received a conditional green card, you will need to jointly apply to remove the conditions within the 90-day period before the card expires by filing Form I-751, Petition to Remove Conditions on Residence.
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Wait for Approval:
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USCIS will review your application and conduct background checks. You may receive a Request for Evidence (RFE) if additional information is needed.
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Receive Green Card:
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If your application is approved, you will receive a green card, granting you lawful permanent resident status.
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