Changing your status from a B-1/B-2 visa to a marriage-based green card involves a multi-step process. Keep in mind that U.S. immigration laws are complex, and it’s advisable to consult with an immigration attorney to ensure you understand all the requirements and to receive personalized guidance. Here’s a general overview of the process:

  • Get Married:
    • First and foremost, you need to legally marry a U.S. citizen or a permanent resident. It’s important to ensure that your marriage is genuine, as immigration authorities scrutinize marriage-based green card applications to prevent fraud.
  • File the Immigrant Petition:
    • The U.S. citizen or permanent resident spouse must file Form I-130, Petition for Alien Relative, on your behalf. This form establishes the qualifying relationship between you and your spouse.
  • Wait for I-130 Approval:
    • Once the I-130 petition is filed, it may take several months for U.S. Citizenship and Immigration Services (USCIS) to process and approve it. You can check the processing times on the USCIS website.
  • Choose the Consular Processing or Adjustment of Status:
    • After the I-130 is approved, you can choose between consular processing or adjustment of status. Consular processing involves applying for an immigrant visa at a U.S. consulate in your home country, while adjustment of status is done within the U.S.
  • Consular Processing (If Applicable):
    • If you choose consular processing, you will be notified by the National Visa Center (NVC) to complete additional forms and submit supporting documents. Afterward, you’ll attend an immigrant visa interview at the U.S. consulate.
  • Adjustment of Status (If Applicable):
    • If you choose adjustment of status, you’ll file Form I-485, Application to Register Permanent Residence or Adjust Status. This is done with USCIS within the U.S. Include all required supporting documents and fees.
  • Attend Biometrics Appointment:
    • Both consular processing and adjustment of status applicants typically need to attend a biometrics appointment to provide fingerprints and photos.
  • Attend Green Card Interview:
    • USCIS will schedule a green card interview for you and your spouse. The purpose is to verify the legitimacy of your marriage. Be prepared to answer questions about your relationship.
  • Wait for Decision:
    • After the interview, USCIS will make a decision on your green card application. If approved, you will receive your green card.
  • Conditional Permanent Residence (If Applicable):
    • If you have been married for less than two years at the time of approval, you will initially receive a conditional green card. You will need to file a joint petition to remove conditions (Form I-751) within the 90 days before the conditional green card expires.

What documents are required to change status from B-1/B-2 to marriage green card?

The specific documents required to change your status from a B-1/B-2 visa to a marriage-based green card can vary based on your individual circumstances and the immigration process you choose (consular processing or adjustment of status). However, here is a general list of documents that are commonly required:

  • Form I-130, Petition for Alien Relative:
    • This form must be filed by your U.S. citizen or permanent resident spouse to establish the qualifying relationship. Include the appropriate filing fee and supporting documentation.
  • Marriage Certificate:
    • Provide a copy of your marriage certificate as evidence of the legal marriage between you and your U.S. citizen or permanent resident spouse.
  • Form I-485, Application to Register Permanent Residence or Adjust Status (if adjusting status within the U.S.):
    • If you are applying for adjustment of status, submit Form I-485 along with the required filing fee and supporting documents.
  • Form I-864, Affidavit of Support:
    • Your U.S. citizen or permanent resident spouse must submit Form I-864 to demonstrate that they have the financial means to support you. This form includes financial documents, such as tax returns, W-2s, and proof of employment.
  • Form I-765, Application for Employment Authorization (optional):
    • If you want to work while your green card application is pending, you can file Form I-765 along with the appropriate fee.
  • Form I-131, Application for Travel Document (optional):
    • If you need to travel outside the U.S. while your green card application is pending, you can file Form I-131 along with the appropriate fee.
  • Proof of Bona Fide Marriage:
    • Include documents that demonstrate the authenticity of your marriage, such as photographs, joint bank account statements, lease agreements, utility bills, and other joint financial or household records.
  • Passport and Visa:
    • Provide copies of your passport, visa, and I-94 arrival/departure record.
  • Biographic Information:
    • Include biographic information for both you and your spouse, such as birth certificates, passport copies, and any other relevant documents.
  • Medical Examination:
    • You will typically need to undergo a medical examination by an approved civil surgeon and submit the results on Form I-693.
  • Fees:
    • Include the appropriate filing fees for each form you submit. Check the USCIS website for the most up-to-date fee information.

Keep in mind that this is a general list, and the specific requirements may vary based on factors such as your individual case, the immigration process you choose, and any changes in immigration policies. It’s crucial to consult the most recent USCIS instructions and guidelines for the forms you are submitting. Additionally, consider seeking advice from an immigration attorney to ensure that your application is complete and meets all requirements.

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