Can I Get a Green Card If My F-1 Status Expired Before Marriage?

Discovering that your F-1 student status has expired can be a source of stress, especially when you are building a life in the U.S. with your partner. Many people in this situation worry that their path to a Green Card is closed. However, marrying a U.S. citizen can provide a direct route to permanent residency, even if you have overstayed your visa. It is crucial to understand the rules and exceptions that apply to your case.

This situation involves some key considerations:

• An expired F-1 status means you are “out of status” and have accrued unlawful presence.
• Marrying a U.S. citizen can “forgive” this period of unlawful presence for the purpose of a Green Card application within the U.S.
• The process, known as Adjustment of Status, allows you to apply for a Green Card without leaving the country.
• Proving your marriage is authentic is the most critical part of your application.

The Impact of an Expired F-1 Visa

When your F-1 student visa expires, or you violate its terms (for example, by dropping out of school), you fall “out of status.” This means you no longer have legal permission to remain in the United States. Staying in the U.S. after your status expires leads to the accrual of “unlawful presence.” This is a serious immigration issue that can trigger bars to re-entry if you were to leave the country.

A common question we hear is, “Does my overstay automatically disqualify me from getting a Green Card?” The answer, fortunately, is often no, provided you have married a U.S. citizen.

How Marriage to a U.S. Citizen Can Help

Immigration law makes a special exception for the immediate relatives of U.S. citizens, which includes spouses. If you are married to a U.S. citizen, your period of unlawful presence is typically forgiven when you apply for a Green Card from within the United States through the Adjustment of Status (AOS) process.

This forgiveness is a significant benefit. It means that USCIS will overlook the visa overstay when deciding on your Green Card application, as long as you meet all other requirements. The most important of these requirements is that your last entry into the U.S. was lawful. For an F-1 student, this means you were inspected and admitted by an immigration officer at a port of entry.

What is the Adjustment of Status Process?

Adjustment of Status is the procedure that allows you to apply for lawful permanent resident status without having to return to your home country. It is a lifeline for individuals who have fallen out of status but are married to a U.S. citizen.

The process involves filing a comprehensive packet of forms and evidence with USCIS, including:

• Form I-130, Petition for Alien Relative: Filed by your U.S. citizen spouse to establish your marital relationship.
• Form I-485, Application to Register Permanent Residence or Adjust Status: Your formal application for a Green Card.
• Proof of a Bona Fide Marriage: This is essential. You must provide extensive evidence that your marriage is genuine, like joint bank accounts, shared leases, photos, and affidavits from friends and family.
• Other Supporting Documents: This includes your birth certificate, proof of lawful entry (like your I-94 record), and a medical examination report.

After filing, you will attend a biometrics appointment and, eventually, a marriage interview with your spouse. The USCIS officer will ask questions to verify that your relationship is authentic and not entered into for the sole purpose of obtaining an immigration benefit.

Your Immigration Ally in a Complex Situation

Facing an expired visa while navigating your path to marriage and residency is a deeply stressful experience. You need a legal partner who can provide clear guidance and empathetic support. The forgiveness for unlawful presence is a powerful provision, but your application must be prepared perfectly to avoid any pitfalls. Your success is our mission.

At Sverdloff Law Group, we understand the stakes for you and your family. We are here to be your immigration ally, helping you build a strong case that demonstrates your eligibility and the authenticity of your relationship. If you are in this situation, contact us today for a consultation. Let us provide the assurance and guidance you need to secure your future in the United States.