Studying in the US on F-1 and planning a future here with family?
HBM Law Offices in West Des Moines, Iowa, helps students and their families plan the road from student status to permanent residence, including marriage-based adjustment of status. As of October 2, 2026, the duration of status still applies to F-1 students because a federal court postponed the implementation of the 2026 fixed-stay rule on September 14, 2026.
F-1 rules today, and who we help
These are the rules USCIS applies to F-1 students today, and what the postponed rule would change if the court order is lifted.
Duration of Status
Unlike visitors with a fixed expiration date, F-1 students are admitted for Duration of Status (D/S) as long as they pursue a full course of study or authorized practical training. Your Form I-94 shows D/S instead of a specific end date.
Grace Period
After you complete your program or your post-completion OPT, you have 60 days to leave, transfer, change your education level or file for another status. After you withdraw from your program with your school’s official approval, the period is reduced to 15 days. In the event of a status violation, there is no grace period.
OPT filing window
Post-completion OPT is requested on Form I-765, Application for Employment Authorization, from 90 days before to 60 days after your program end date, and within 30 days of your school official's recommendation. A STEM OPT extension adds 24 months.
The postponed rule
If the court order is lifted, the rule would admit students for a fixed period of up to four years and reduce the post-completion grace period to 30 days. Securing an additional time would need filing an extension of stay through Form I-539, Application to Extend/Change Nonimmigrant Status, or a new admission after an international travel. The OPT filing window would close 30 days after the program end date.
The Bona Fide Family Route
A student who was lawfully inspected and admitted and is married to a US citizen can generally apply for permanent residence from inside the United States. Student status alone does not lead to a green card, but a qualifying bona fide family relationship can open a path, though USCIS will weigh whether the F-1 student had any violations of status.
F-2 family members
A spouse or child in F-2 status may not work. F-2 spouses and children may study part-time at an SEVP-certified school, and may take vocational or recreational courses. F-2 children may also attend elementary through high school full-time. Full-time college study needs a change to F-1, M-1 or J-1 status first.
Where our work fits
HBM Law Offices prepares family and marriage based green card cases for students and OPT holders, and advises on status problems that affect that road. We handle F-1 reinstatement and change of status filings on a case-by-case basis; OPT and STEM OPT applications are usually filed by students directly with their school. We do not handle employment-based cases.
Is your spouse a US citizen or a permanent resident?
Immediate relative
Visas are always available for immediate relatives, so Form I-130, Petition for Alien Relative, and Form I-485, Application to Register Permanent Residence or Adjust Status, can be filed together. A lapse in F-1 student status or past unauthorized work does not bar adjustment for an immediate relative. The officer still weighs the whole immigration history in discretion, and every ground of inadmissibility, including fraud or misrepresentation, still applies.
F2A category
The F2A category is a family preference category, so Form I-485 can be filed only when the Visa Bulletin allows. For October 2026, USCIS accepts family filings by the Dates for Filing chart, and the F2A category is current on that chart. You must be in lawful status on the filing day, must have kept status since entry and must not have worked without authorization, with narrow exceptions. If your spouse becomes a US citizen, the petition converts to the immediate relative category.
What are the steps from F-1 student status to a marriage-based green card?
Review your student record
Review your entry dates, every Form I-20, CPT and OPT authorizations, and employment dates, as the adjudication officer will weigh how you kept the conditions of your status. Any conduct inconsistent with your status shortly after a visa interview or an entry can be treated as evidence of a violation of status and/or misrepresentation.
Prepare a complete filing
Form I-130 and Form I-485 (edition 09/18/26) are filed with all required initial evidence, including the medical exam on Form I-693 and the Affidavit of Support Under Section 213A of the INA (Form I-864). An incomplete filing can be denied without a request for evidence (RFE).
Ask for work and travel permission
A work permit request on Form I-765 and an advance parole request on Form I-131 can go in the same package. Filing Form I-485 does not by itself permit work.
Attend biometrics
USCIS may schedule an appointment for fingerprints, a photograph, and a signature, and will send a notice with the date and location. Missing this appointment can lead to denial of your application.
Protect your position while pending
A pending Form I-485 is not a lawful status, and a pending Form I-130 gives no status either. Whether to keep enrolling, keep working on OPT or apply for OPT while the case is pending is decided case by case.
Do not travel without advance parole
Leaving the United States without advance parole abandons the application, and F-1 student status is not one of the exceptions. A Board of Immigration Appeals decision of August 13, 2026 rules that traveling on advance parole can count as a departure for the unlawful presence bars, so anyone with a past overstay should get advice before any international trip. Unless there is a compelling reason to travel abroad, the recommendation is to wait until the approval of adjustment of status and then travel with a green card (and peace of mind).
Interview and decision
Marriage cases should expect an interview, and the US citizen spouse generally attends. If the marriage is less than two years old on the day residence is granted, the green card is conditional and valid for two years.
What to gather before we talk
Student records
- Passport and F-1 visa
- Most recent Form I-94
- Every Form I-20 issued to you
- OPT and STEM OPT cards
- CPT authorizations
- Start and end dates of every job
- Any SEVIS or school notices
Identity
- Birth certificate that lists at least one parent
- Government photo ID
- Two passport-style color photos
- Full English translations of any foreign-language document
Marriage and family
- Marriage certificate
- Proof any earlier marriage ended
- Your spouse's proof of US citizenship or green card
- Evidence of your life together
Sponsor's finances
- Sponsor's most recent federal tax return or IRS transcript
- Recent pay stubs or an employer letter
- Details of any joint sponsor
Anything that went wrong
- USCIS notices: rejection, RFE, NOID or denial
- SEVIS termination reason and date
- Certified police and court records for any arrest or charge
What it costs and processing times
USCIS filing fees are listed below. The cost of the medical exam is set independently by the civil surgeon. Legal fees are not displayed on the website and are discussed during the consultation, as every immigration case is unique and requires detailed analysis based on its specific complexities. If you retain HBM Law Offices for your case, the consultation fee is credited toward your legal fees.
USCIS publishes current processing times online, which are subject to change and differ by office. For the spouse of a permanent resident, the monthly Visa Bulletin determines when Form I-485 can be filed.
Some USCIS fees change on October 16, 2026. The forms below are not among them, but a filing with the wrong fee is rejected, so we check every fee again on the filing day.
USCIS filing fees as of October 2, 2026, from the USCIS Fee Schedule, Form G-1055 (edition 10/01/26). Online prices apply only where USCIS offers online filing for that form and applicant.
- Form I-130: $675 on paper, $625 online
- Form I-485: $1,440 on paper, $1,390 online
- Form I-765 work permit while Form I-485 is pending: $260
- Form I-131 advance parole while Form I-485 is pending: $630 on paper, $580 online
- All four together: $3,005 on paper, $2,855 online, plus the medical examination fee, which the civil surgeon sets
- Form I-539 for F-1 reinstatement or a change of status: $470 on paper, $420 online
- Form I-765 for OPT or STEM OPT: $520 on paper, $470 online, and $1,780 more for premium processing
- Form I-290B motion after a denial: $800
RFE, denial or lost status
Policy Alert PA-2026-05 of August 5, 2026 lets USCIS deny a filing that lacks required initial evidence without first sending an RFE or a notice of intent to deny (NOID). The first filing has to be complete.
If an RFE does arrive, the deadline on the notice governs. An RFE allows up to 30 days on Form I-539 and up to 12 weeks (84 days) on most other forms, including Form I-765 and Form I-485. A NOID allows up to 30 days. Add 3 days if the notice was mailed. No extensions are given, and a partial response is treated as a request for a decision on the record.
A rejected filing means it was never filed and won't establish a filing date, which can close an OPT window. As of October 2, 2026, USCIS is not accepting the 09/15/26 edition of Forms I-539 and I-765 and continues to accept the 08/28/24 edition of Form I-539 and the 08/21/25 edition of Form I-765.
Denials of OPT, reinstatement, a change of status and Form I-485 cannot be appealed. However, a motion can be filed using Form I-290B. The filing fee is $800, and it must be filed within 30 days of the decision (33 days if it was mailed).
A SEVIS record terminated for a status violation has no grace period. While you can request reinstatement by filing Form I-539, you must generally file it within 5 months of falling out of status. The reinstatement is not available after any unauthorized employment and a denial of this request cannot be appealed.
Leaving after more than 180 days but less than one year of unlawful presence during a single stay triggers a 3 year bar, and leaving after one year or more triggers a 10 year bar. When the count starts for a student admitted for duration of status requires an attorney's review of your specific facts.
For the spouse of a US citizen, the family-based route may remain open after a status problem, subject to discretion. For the spouse of a permanent resident, adjustment inside the United States is usually closed after a lapse, and the options are consular processing or waiting until the spouse becomes a citizen. The guides below explain the postponed rule, marriage based adjustment and denials without an RFE in more detail.
Frequently asked questions
01Is the 2026 F-1 duration of status rule in effect?
No. As of October 2, 2026, the fixed-stay rule is not in force. On September 14, 2026, the US District Court for the District of Massachusetts postponed its effective date in Presidents' Alliance on Higher Education and Immigration v. DHS, No. 26-cv-13799. USCIS says it will proceed under the previous regulatory provisions until the order is lifted, so duration of status, the 60 day period and the 60 day OPT window still apply. DHS has said it will implement the rule if the order is lifted.
02Can an F-1 student get a green card by marrying a US citizen?
Yes, if the student was inspected and admitted. The spouse of a US citizen is an immediate relative, so a visa is always available and Form I-130 and Form I-485 can be filed together from inside the United States. A lapse in F-1 student status or past unauthorized work does not bar the application. Approval is still discretionary, the officer weighs the whole immigration history, and grounds such as fraud or misrepresentation still apply.
03What is the 90 day rule for F-1 students who marry?
The 90 day rule is a State Department guideline for consular officers. Conduct inconsistent with nonimmigrant status within 90 days of the visa application or admission lets a consular officer presume a willful misrepresentation, which the person may rebut. USCIS, which decides Form I-485, says the rule does not apply to it and removed it from its Policy Manual on July 16, 2021. USCIS still treats conduct shortly after a visa interview or entry as evidence, and sets no number of days.
04How long does it take to go from F-1 to a green card through marriage?
There is no fixed period. The time depends on the USCIS office handling the case and on whether USCIS asks for more evidence, and marriage cases should expect an interview. USCIS publishes current processing times in its online tool, and they change. If the marriage is less than two years old when residence is granted, the first green card is conditional for two years.
05How much does it cost to go from F-1 to a marriage green card?
As of October 2, 2026, USCIS fees for the four usual forms total $3,005 on paper, or $2,855 where online filing is available: Form I-130, Form I-485, a work permit and advance parole. The medical examination is extra, and the civil surgeon sets the fee. Our legal fee is separate and is discussed at the consultation. Some USCIS fees change on October 16, 2026, though not these, so we check fees again on the filing day.
06Do I have to keep my F-1 student status after I file Form I-485?
A pending Form I-485 is not a lawful status, so filing does not keep you in status. For the spouse of a US citizen, a later lapse in F-1 student status does not bar the adjustment, but the officer can weigh it in discretion, and it leaves no status to fall back on after a denial. For the spouse of a permanent resident, status must be kept to the filing day, and unauthorized work at any time is a bar. Enrolling and working on OPT are decided case by case.
07What if my spouse has a green card and is not a US citizen?
You are in the F2A category, a family preference category, not the immediate relative category. Form I-485 can be filed only when the Visa Bulletin allows. For October 2026, USCIS uses the Dates for Filing chart, and the F2A category is current on it. You must be in lawful status on the filing day, must have kept status since entry and must not have worked without authorization, with narrow exceptions. If your spouse becomes a citizen, the petition converts to the immediate relative category.
08My SEVIS record was terminated. What should I do first?
Ask your Designated School Official for the termination reason and date in writing, because the options depend on the reason. A record terminated in error can be corrected without a USCIS filing. A termination for a status violation carries no grace period. Reinstatement on Form I-539 is generally limited to 5 months out of status and is closed after unauthorized work. Stop any employment immediately, and seek advice before you travel, because a terminated record cannot be used to re-enter.
09Do I need an immigration lawyer, or can my school's international office help?
Your school's international office and an immigration lawyer do different jobs. Your Designated School Official manages your SEVIS record and school steps such as OPT recommendations, CPT and program extensions. HBM Law Offices prepares family and marriage based green card cases for students and OPT holders, and advises on status problems that affect that road. Some student filings are made through your school. At the consultation we tell you which filings we prepare, and which should be handled by your Designated School Official or another attorney.
Talk to Attorney Bhardwaj about your student status and your green card plans.
Schedule a 45-minute consultation over video call with Attorney Bhardwaj to have your case assessed. We are fluent in English, Hindi, and Español.
What to expect
- 1Schedule the paid consultation
Tell us your story and schedule the 45-minute consultation.
- 2Join the video call
Once the consultation is scheduled and paid for, you will receive the email containing the date and time, and the link for the video call.
- 3We start working on your case
If you decide we are a good fit, we require an initial payment to enter into an Attorney-Client relationship with you and to begin working on your case. We accept online payments by credit or debit card or by checks.
Why Choose Us?
Other Immigration Services Not Listed Here?
If you have searched “immigration lawyer near me in Iowa,” you might have come across our HBM Law Offices based in West Des Moines (IA) known for being the immigrant’s immigration lawyer in the community of Iowa. With regional touch points in Iowa, Singapore, and India, we have been representing clients nationwide and across the world since 2012.
12+ years experience in family law and immigration law.
HBM Law is one of Iowa’s few immigration law firms who are predominantly immigrants with a laser focus on family immigration. We stay ahead of all things on immigration practices in U.S. immigration law. Our immigration firm offers specialized care and attention for immigration matters that are difficult to find elsewhere in Iowa.
5-Star immigration lawyer for your immigration case success.
We guide you every step of the way with tailored legal advice and support including green card, citizenship, fiancé(e) and spouse visa applications, waiver for unlawful presence (I-601A provisional waiver), fraud, misrepresentation, VAWA, removal of conditions (I-751 waiver), vaccination waivers, naturalization medical exemptions, and more. Our consistent 5-Star track record demonstrates our commitment to achieving successful outcomes for families.
Team of immigration lawyers who are all about families.
Principal immigration attorney, Himani Bhardwaj, is an Indian national who became a naturalized U.S. citizen in 2010. The HBM law firm’s team understands the unique cultural and linguistic needs of immigrants and their families navigating the United States legal system. We are by your side to advocate for your rights ensuring your applications are handled with respect and compassion.
Although the services listed above are the common ones, we do represent clients on a case-by-case basis. Each situation is special and deserves personalized attention. We’re here to listen and to understand your story on an individual basis. We encourage you to reach out and share more about your story with us. Your story matters, and we’re eager to hear it and help in any way we can.
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Plan the green card around your student dates.
Your student record becomes part of the green card case, so it should be reviewed before anything is filed. Bring your Forms I-20, your OPT cards and your key dates to the consultation.
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