The process of adjusting your status from an F-1 student visa with or without an OPT, to a marriage green card via adjustment of status can be an exciting yet complex journey. While every case is unique, understanding the overall timeline can help set expectations and reduce anxiety. The process involves multiple steps, each with varying wait times, depending on factors like USCIS workload, your location, and any potential backlogs in the system. In this article, we’ll break down the typical timeline, from filing the initial forms to receiving your marriage green card.
Step 1: Preparing and Filing Forms I-130 and I-485
The first step in applying for a marriage green card via adjustment of status while on an F-1 visa involves filing two key forms: Form I-130 (Petition for Alien Relative) and Form I-485 (Application to Adjust Status). These forms are essential in both establishing your relationship with your U.S. citizen or lawful permanent resident spouse and formally requesting to adjust your status from a non-immigrant F-1 student to a green card holder.
If your spouse is a U.S. citizen, you can file both forms concurrently, which streamlines the process. For spouses of lawful permanent residents, you’ll need to wait until a visa becomes available under the family-based preference system before filing the I-485.
Timeline: Preparing these forms, gathering the necessary supporting documents (such as proof of marriage, tax returns, and identity documents), and filing them can take anywhere from 2 to 6 weeks, depending on how quickly you gather your documents and your attorney's involvement (if you choose to work with one).
Step 2: Receiving Receipt Notices from USCIS
After filing Forms I-130 and I-485, USCIS will issue receipt notices for both applications. These notices confirm that your application has been received and is being processed.
Timeline: Typically, you will receive your receipt notices within 2 to 6 weeks of filing your applications. This is the first formal acknowledgment from USCIS, and it’s an essential part of tracking your case as it moves through the system.
Step 3: Biometrics Appointment
Once USCIS has accepted your marriage green card application, you will be scheduled for a biometrics appointment. At this appointment, USCIS will collect your fingerprints, photograph, and signature, which are used for background checks and security screening.
Timeline: The biometrics appointment is generally scheduled 4 to 8 weeks after USCIS receives your application. The appointment itself is quick, usually taking about 20 minutes. After your biometrics are collected, USCIS will continue processing your case.
Step 4: Processing of Forms I-130 and I-485
After your biometrics appointment, USCIS will review the information and supporting documentation you provided in your marriage green card application. This stage of the process can vary greatly in terms of timing, depending on USCIS's workload and whether additional information is required for your case. If your I-130 and marriage green card via adjustment of status I-485 applications are filed together (as is the case for immediate relatives of U.S. citizens), they will be processed simultaneously. If they are not filed concurrently (as may be the case for spouses of permanent residents), the I-130 petition will be processed first, and you will need to wait for visa availability before moving on to the next step.
Timeline: Processing times for I-130 and I-485 can range from 10 to 15 months. In some cases, processing may take longer, especially if USCIS requests additional evidence (such as more proof of your bona fide marriage). In rare situations, the process can move faster, especially for straightforward cases.
Step 5: Request for Evidence (RFE), if Needed
In some cases, USCIS may issue a Request for Evidence (RFE) if they need additional documentation to support your marriage green card application. RFEs are typically issued if USCIS feels there is insufficient evidence to establish the bona fide nature of your marriage or if some required documents are missing.
Timeline: If you receive an RFE, you typically have 60 days to respond. After submitting the requested documents, USCIS will review them and continue processing your application. This can add an additional 1 to 3 months to your overall timeline.
Step 6: Employment Authorization and Travel Documents (Optional)
While you wait for your marriage green card via the adjustment of status process, you may also apply for temporary work authorization (Form I-765) and advance parole (Form I-131), which allows you to travel internationally while your application is pending. These documents are especially helpful for F-1 visa holders who wish to continue working or traveling while waiting for their green card.
Timeline: Employment Authorization Documents (EAD) and advance parole typically take 3 to 5 months to process. These are separate applications that can be filed alongside your marriage green card petition, allowing you to legally work and travel while awaiting the final decision on your green card.
Step 7: The Marriage Green Card Interview or Interview Waiver for Marriage Green Card Adjustment of Status
The final step in your marriage green card journey is the USCIS interview. Both you and your spouse will be required to attend the interview, where a USCIS officer will ask questions to confirm the legitimacy of your marriage. You will need to bring additional evidence of your bona fide marriage, such as joint bank accounts, rental agreements, and photos.
The officer’s goal is to ensure that the marriage is not fraudulent and that you entered into the marriage for legitimate reasons, not solely to obtain a green card. In some cases, especially for straightforward applications, the interview may be waived.
Timeline: The interview is typically scheduled 8 to 18 months after filing your marriage green card application. In busier USCIS offices, the wait time for interviews may be longer, while in less crowded offices, interviews could occur sooner. You can read about the different timelines in the various counties in New York City here.
Step 8: Receiving Your Marriage Green Card
If all goes well with your interview, you will receive your marriage green card in the mail a few weeks later. If you have been married for less than two years, you will be granted a conditional green card, which is valid for two years. You will need to file Form I-751, Petition to Remove Conditions, within 90 days of your conditional green card's expiration date to receive a permanent 10-year green card.
Timeline: You can expect to receive your green card within 2 to 6 weeks after your interview if there are no complications.
Total Timeline for a Marriage Green Card via the Adjustment of Status Process
In total, the process of adjusting your status from an F-1 visa to a marriage green card typically takes 8 to 18 months. However, it’s essential to understand that this timeline can vary based on factors such as the accuracy of your application, USCIS processing times, and whether any additional documentation is required.
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Conclusion: Be Patient, Plan Accordingly
The timeline for adjusting your status from an F-1 visa to a marriage green card can be lengthy, but understanding the steps and typical wait times will help you plan accordingly. Be sure to gather all required documents, respond promptly to any requests from USCIS, and consult with an immigration attorney if you encounter any challenges. By following the process carefully and staying informed about the expected timelines, you can successfully navigate the journey to obtaining your marriage green card and securing permanent residency in the United States.
