The F-1 visa is a non-immigrant student visa that allows international students to pursue education in the United States. While the F-1 visa is intended for temporary stays, many F-1 visa holders wish to transition to permanent residency and eventually obtain a Green Card. U.S. citizens can play a pivotal role in assisting F-1 visa holders in this process.
Marriage-Based Green Card
The Process of Marriage-Based Sponsorship
One of the most straightforward paths for an F-1 visa holder to obtain a Green Card is marriage to a U.S. citizen. The process begins with the U.S. citizen spouse filing Form I-130 (Petition for Alien Relative), establishing the relationship. Simultaneously, the F-1 visa holder can file Form I-485 (Application to Register Permanent Residence or Adjust Status) to adjust their status to that of a permanent resident.
Here’s a quick list of documents to begin gathering when starting the marriage green card process.
A legal marriage certificate
Proof of divorce from previous marriage (when applicable)
Proof of legal entry into the U.S. (foreign spouse)
Birth certificate (foreign spouse)
Proof of U.S. Citizenship (sponsoring spouse)
Evidence your marriage is real
The total processing time for a marriage-based green card averages 9.3 months, depending on whether you’re married to a U.S. citizen or a U.S. green card holder. You can learn more in this article. The government filing fee for applying for a marriage-based green card is $3005 for a spouse living in the United States or $1340 for a spouse living outside the United States.
Proving a Bona-Fide Marriage
A bona fide marriage is real. Each spouse is genuinely in love with the other, and both intend to stay together forever. The U.S. government requires proof that the marriage is genuine and not entered into solely for immigration purposes. You will need to submit several supporting documents as part of your I-130 petition package. Evidence of your bona fide marriage is a big part. This proof includes joint bank statements, lease agreements, photographs, and affidavits from friends and family. Compiling this documentation is crucial for the application process.
Make an effort to submit as much evidence as you can to prove the bona fides of your marriage. More evidence is generally better. Someone who has been married for five years and living together with their spouse will have more evidence over those years.
Interview and Final Steps
After submitting the necessary forms and documentation, the couple will attend an interview with a U.S. Citizenship and Immigration Services (USCIS) officer, this is the final step for your green card application process. During this interview, the officer will assess the validity of the marriage. If the officer is satisfied, the F-1 visa holder will be granted a Green Card, typically within a few months.
The following actions may help you during your interview:
Refresh your memory: Before your interview go over the key dates and events in the history of your relationship.
Collect your prior documents: Prepare the original documents of all the copies you submitted to the government in your green card application package.
Prepare new documents: Prepare copies of more documents that help prove the authenticity of your marriage—examples include recent photos together, birth certificates of any children born to the two of you, joint income tax returns, recent joint bank account statements, joint property documents, and joint insurance documents.
Get organized: Organize all of your documents in a folder.
Employment-Based Green Card
Employer Sponsorship
Another pathway to a Green Card is through employer sponsorship. A U.S. citizen employer can sponsor an F-1 visa holder by filing Form I-140 (Immigrant Petition for Alien Worker). This petition establishes the F-1 visa holder's eligibility for a Green Card based on their employment.
Getting an employer-sponsored green card is a 3-step process.
Your employer is required to get an approved Labor Certification from the United States Department of Labor (DOL).
Your employer must file an immigrant petition on your behalf (Form I-140).
You are required to either adjust your status (Form I-485) or apply for your immigrant visa (Form DS-260).
Labor Certification (PERM Process)
Before filing Form I-140, the employer must obtain a labor certification through the PERM process. This process requires your employer to test the US labor market to see if there are any qualified US workers to fill the position that they are offering to you.
Job Offer and Employment Verification
A valid job offer from the sponsoring employer is essential for the Green Card application. The F-1 visa holder must provide proof of employment, including job details and employment verification, as part of their application.
Employer Requirements for an Employer-Sponsored Green Card
U.S.-Based Employer: The employer and the position offered must be based in the United States.
Permanent Full-Time Position: The job must be permanent (for an indefinite duration) and full-time, meaning at least 35 hours per week.
Bona Fide Job Opportunity: The job must be a genuine position that the employer needs to fill, not just a means to obtain immigration benefits.
Employer Attestations: The employer must attest under penalty of perjury that the job is permanent, non-discriminatory, open to U.S. workers and that the prevailing wage will be paid.
Good Faith Recruitment Efforts: The employer must demonstrate efforts to hire a qualified U.S. worker, including job postings and advertisements.
Job Requirements: The job requirements should be typical for the profession and not tailored to the foreign worker's qualifications.
Prevailing Wage: The wage offered must meet or exceed the prevailing wage for the position, as determined by the National Prevailing Wage Center.
Ability to Pay: The employer must prove its ability to pay the prevailing wage through financial documents like tax returns or payroll records.
Employee Requirements for an Employer-Sponsored Green Card
Qualification for the Job: The applicant must meet the educational and experience requirements for the job and the visa category:
EB-2: Generally requires an advanced degree.
EB-3: Requires a U.S. bachelor's degree, at least 2 years of experience/training, or less than 2 years of experience/training, depending on the specific job.
Inadmissibility: The applicant must not be inadmissible to the U.S., meaning they must pass background checks and not have disqualifying health, criminal, or other issues.
Good-Faith Intent to Work: The applicant must have a genuine intent to work for the sponsoring employer once the Green Card is issued, although no minimum duration of employment is required.
Family-Based Green Card Through Other Relatives
Immediate Relatives
These visas are for close relatives of U.S. citizens, such as spouses, unmarried children under 21, or parents. An unlimited number of visas are available for this visa category. Each person you sponsor needs a separate Form I-130. You can submit the form online or by mail. These visas include:
IR1 and CR1 for spouses
IR2 for children
IR5 for parents
Check the U.S. Department of State’s chart of immigrant visa categories to learn more about family-sponsored visas.
The process depends on whether your family member is already in the U.S. or abroad.
If your family member is in the U.S. Adjustment of Status
If your family member is outside the U.S. Consular Processing
Non-Immediate Relatives
An immediate family member is defined as a parent, sibling, child by blood, adoption, marriage, spouse, grandparent, or grandchild. So, anyone outside of that would be a non-immediate family member. Aunts, uncles, and cousins are not immediate family. The process is more complex, with longer waiting times due to visa number availability. After filing Form I-130, the F-1 visa holder may have to wait several years before a visa number becomes available.
Special Programs and Categories
Diversity Visa Lottery
The Diversity Immigrant Visa program is a unique program administered by the Department of State as a way to increase diversity by offering a limited number of Green Cards to immigrants coming to live in the United States.
Each year, the Diversity Visa program allows more than 50,000 randomly selected people — only from countries that don’t send many immigrants to the United States — to obtain permanent residency, aka green card. A good way for individuals and families who otherwise wouldn’t have any way to legally immigrate to the United States to get a green card. F-1 visa holders from eligible countries can apply for the lottery, which is held annually. While the odds of selection are low, it is still a viable option for some.
Other Specialized Immigration Programs
Several specialized immigration programs may apply to F-1 visa holders, such as those for asylum seekers, refugees, or individuals with extraordinary abilities. Each program has its own eligibility requirements and application process. You can learn more about it here.
Practical Steps to Take
Consulting an Immigration Attorney
Navigating the Green Card process can be complex, and seeking the advice of an experienced immigration attorney is highly recommended. They can provide guidance tailored to the individual's specific circumstances and help avoid common pitfalls. The MyChek app is a valuable resource for quick answers to immigration-related questions, offering instant advice and the ability to create checklists based on AI recommendations.
Gathering Required Documentation
Each Green Card application requires specific documentation, such as birth certificates, marriage certificates, and employment records. Using the MyChek app, F-1 visa holders can create personal to-do lists to ensure they have all necessary documents ready and organized. You can get help from AI, get real-time relatable answers for your specific questions, and create your checklist to make a smoother application. You can also find answers from our blog.
Filing Applications and Following Up
After gathering the required documentation, the next step is to file the appropriate forms and applications. It's crucial to follow up on the application status regularly and address any issues that may arise. The MyChek app can also assist in tracking the status of applications and providing reminders for important deadlines.
Obtaining a Green Card as an F-1 visa holder involves navigating a complex legal process, but with the assistance of a U.S. citizen, it becomes more manageable. Several pathways are available, whether through marriage, employment, family relationships, or special programs.
Navigating these pathways requires careful planning and attention to detail. Consulting an immigration attorney is highly recommended, as they can provide personalized advice and help ensure that all legal requirements are met. Additionally, utilizing tools like the MyChek app can streamline the process, helping applicants track their progress, gather necessary documentation, and stay informed about their application status. With the right support and resources, obtaining a Green Card as an F-1 visa holder becomes a more achievable goal.
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