Marriage to a U.S. citizen is a new door of opportunity for F1 visa holders to remain in the nation, but one is full complicated decisions. One significant question is whether to begin employing the Employment Authorization (EAD) in a green card application or whether to remain under F1 status.
The catch however is that the F1 visa is not a “dual intent” visa, so students are supposed to go back home after completing studies. If an f1 students goes for a green card and begins using the EAD, their F1 status terminates automatically, That may not sound like a huge issue–until unforeseen delays strike the green card process.
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Green card processing times are now uncertain. While approvals for EAD are arriving in 3-4 months, green cards may take more than a year or even longer. If the process fails, the student will be left without legal status and will not be able to revert to F1.
For students on Day 1 CPT, the choice is riskier still. Some students attend these courses simply to preserve status, and dropping out once the EAD is received might lead to raising red flags. An officer during the green card interview may ask why the student quit their degree in the middle of the course, complicating the process further.
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With these unknowns, playing it “safe” is not to pursue the EAD but to stay on F1 status until the green card is approved. This provides a safety net in case there are delays or problems with the green card application. But it also means paying for school ongoing, which may not be fiscally smart.
Conversely, utilizing the EAD enables immediate authorization to work, bringing stability and economic relief. Yet, once an F1 student relinquishes their visa status, they have to entirely depend on the green card process–something that is not always certain.
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Every case is unique, and what may suit one individual might now be the same for another. The importance is to consider the risks meticulously and evaluate long-term effects prior to taking a decision.
