It is not easy to change from an F-1 student visa status to a marriage green card. However, it is possible especially when one has some clue to follow. In this article, you will learn the basic steps of getting the green card, requirements for income, as well as necessary documents to complete and submit such as I-130.
How to Change Status from F-1 Student Visa to Marriage Green Card
If you are holder of an F-1 visa and get married to a US citizen, you can apply for change of your immigration status to that of Permanent resident (green card holder). It includes the completion of multiple forms to submit to USCIS, and the applicants will have to undergo an interview. Here’s a simplified process:
- Form I-130 (Petition for Alien Relative): This form is completed by your spouse who is a U.S. Citizen in order to establish the marital relationship. The approval of this form is important as it will enable you to go ahead with your status change request.
- Form I-485 (Adjustment of Status application): It is the main form to accomplish the process of changing one’s status from F-1 student to a green card holder. Together with this form, you should attach documents such as the marriage certificate, proof of your legal admission into the country as well as your financial documents.
- Optional Forms:
- Form I-765 (Application for Employment Authorization): Permits one to hold a job within the United States as he waits for an application to be processed.
- Form I-131 (Application for Travel Document): Their advantage allows one to travel outside the U.S. without having to give up an application for a green card.
- Biometrics and Interview: After that, you will get a biometric appointment which includes fingerprints and a photo and a marriage interview in case the IRO considers your relationship real.
Form I-485 Income Requirements
If you want to change your status via marriage, the U.S. citizen spouse must meet income qualifications which are compulsory for Affidavit of Support (I-864). This document also makes sure that the immigrant spouse will not fall into the status of a public charge.
- Income Threshold: For the sponsoring spouse, he or she should be in a position to provide for at least 125% above the U.S. Federal Poverty Guidelines. Depending on the household size, this is roughly $24,650 for a two-member family in 2024.
- Alternatives:
- Joint Sponsor: If, for instance, the sponsoring Canadian’s income is insufficient, a co-sponsor can be provided, whose income must only be sufficient to support his or her household.
- Using Assets: If some other coming in does not meet the requirements, a certain big amount (bank balances, property, etc.) can then be used to offset the total income. In general, the asset value must be five times the difference between the sponsor amount and the income required to fund the project.
- Required Documentation: The sponsoring spouse has to provide I- 864 Affidavit of Support, most recent tax returns, pay stubs, W-2 form along with an employment verification letter. If using assets, submit proof of ownership that can be in form of bank statements, property appraisals etc.
Form I-130 Instructions
Use of form I-130 is the initial procedure of applying for a green card through marriage. This petition is only filed by the U.S. citizen spouse to establish the capacity of the marriage and for eligibility to a green card. Here’s a brief outline of how to complete this form:
- Personal Information: The petitioner (U.S. citizen spouse) gives such information as his/her full name, date of birth, address and citizenship.
- Beneficiary Information: Gather basic information about the immigrant spouse like the spouse’s full name, date of birth or even the immigration history.
- Marriage Details: You should state the date and place of the marriage. We need you to submit the marriage certificate copy and the proof of termination of previous marriages if any.
- Supporting Evidence: Include items such as joint accounts, recognizable contracts like a lease agreement, photographs, and letters or statements from your friends, family or co-workers.
- Filing Fee and Submission: The fee for Form I-130 is $535 as of 2024 filing fee. It is advisable to visit the USCIS website to find out about the most recent modification on the fees and ways of paying them. File the form you completed to the right Lockbox, USCIS or Service Center depending on your location and other case details.
Any change of status from F-1 visa to marriage green card should be done tactfully, especially on the economic aspect, and on the filing of forms. When the plan is laid, stepped by step and properly understood, a green card will be granted to you, enabling you to live in the U.S. permanently with your spouse.
