Change Status from a B-1/B-2 Visa to a Marriage Green Card

Individuals who enter the United States on a B-1/B-2 visitor visa may have the opportunity to adjust their status to become a lawful permanent resident through marriage to a U.S. Citizen or a Green Card holder. This process, known as "adjustment of status," allows individuals to apply for a marriage-based green card without having to leave the country. However, changing status from a B-1/B-2 visa to a marriage green card can be a complex process with many requirements that must be met. In this article, we will cover the requirements and process for changing status from a B-1/B-2 visa to a marriage green card for individuals married to a U.S. Citizen or a Green Card holder.

Changing Status When Married to a U.S. Citizen or Green Card Holder

If you are married to a U.S. Citizen or Green Card holder and entered the U.S. on a B-1/B-2 visitor visa, you may be eligible to adjust your status to become a lawful permanent resident. The process for changing status from a B-1/B-2 visa to a marriage green card for individuals married to a U.S. Citizen or Green Card holder involves the following steps:

Determine Eligibility

To be eligible to adjust your status to become a lawful permanent resident through marriage to a U.S. Citizen or Green Card holder, you must meet the following requirements:

  • You must have entered the U.S. legally on a B-1/B-2 visitor visa.
  • You must be married to a U.S. Citizen or Green Card holder.
  • Your marriage is real.
  • Neither one of you is married to someone else.

File Required Forms To Switch From B-1/B-2 Visa to a Marriage Green Card : 

Form I-130 and I-130A

To begin the process of changing your status to become a lawful permanent resident, your U.S. Citizen spouse must file Form I-130, Petition for Alien Relative, on your behalf. This form establishes the relationship between you and your spouse and serves as the basis for your application for a marriage green card. Form I-130A, Supplemental Information for Spouse Benficiary, must also be filed. 

Form I-864 This form demonstrates that the applicant is financially independent and will not rely on the U.S. government for financial support. 

Form I-485 is the Application to Register Permanent Residence or Adjust Status. 

Form I-765 Application for Employment Authorization, will allow the applicant to work in the United States. 

Form I-131  Application for Travel Document, will allow the applicant to travel freely during the Marriage Green Card processing time.  

Form I-693 Applicants must file medical reports and vaccination records with Form I-693  to ensure admission to the United States on public health grounds. 

Submit Documentation Proving Validity of the Green Card Marriage  

As part of the marriage green card application, the following documents must be submitted for review. 

Petitioner Documents 

  • Marriage Certificate 
  • U.S. Birth Certificate, U.S. Passport Biography Page, or Certificate of Naturalization 
  • Green Card 
  • Any Divorce Certificates from previous marriages 
  • Documentation of Income
    • Tax Returns from the previous three years 
    • W-2s and 1099s from the past year 
    • Professional licenses and/or proof of business ownership if the petitioner is self-employed 

Beneficiary Documents

  • Marriage Certificate 
  • Birth Certificate 
  • Passport Biography Page for current and expired passports 
  • U.S. Visa and nonimmigrant approvals (H-IB, TPS, DACA, etc.) 
  • Any Divorce Certificates from previous marriages 
  • Criminal Records 

Joint Sponsor Documents (only if required): 

  • U.S. passport, Birth Certificate, or Certificate of Citizenship/Naturalization
  • Income Tax Returns from the previous three years
    • W-2s and 1099s from the past year 
    • Professional licenses and/or proof of business ownership may be required if the joint sponsor is self-employed. 

Evidence of Bona Fide Marriage 

  • Birth Certificates of any children born in the marriage 
  • Joint Bank Accounts
  • Proof of shared residence 
  • Photos 
  • Statement describing the origin and nature of the marriage relationship
    • Statements from friends/family members regarding the nature of the marriage relationship 
  • Evidence demonstrating continuous communication over time such as
    • Email communication 
    • Text message communication 
    • Social media communication 
    • Phone records 
  • Receipts for gifts 
  • Wedding Invitations 
  • Wedding expense receipts 

Attend The Interview With The USCIS

Once you have submitted necessary documentation, you will be scheduled for an interview with a USCIS officer. During the interview, you will be asked questions about your relationship with your U.S. Citizen spouse and your eligibility for a marriage green card. You may also be required to provide additional documentation to support your application.

Receive Approval or Denial For A Marriage Green Card

After your interview, USCIS will make a decision on your application. If approved, you will receive your marriage green card and become a lawful permanent resident. If denied, you may have the option to appeal the decision or file a motion to reopen or reconsider your case.

Additional Steps when Married to a Green Card Holder 

It is important to note that if the applicant is married to a U.S. Green Card holder, they will need to check the priority date availability for the visa category. The priority date is the date on which your Green Card holder spouse filed the Form I-130 petition on your behalf. The Department of State publishes a monthly Visa Bulletin that indicates the priority date cutoff for each visa category. If the priority date for your visa category is current, you can move forward with the process of adjusting your status.If the priority date is not current, the applicant will need to only file Form I-130 and prepare the rest of the documentation for when the priority date is current. 

FAQs For Changing From B-1/B-2 Visa to a Marriage Green Card

Can I change my status if my B-1/B-2 visa has expired?

If your B-1/B-2 visa has expired, you are still able to change your status to a marriage green card.

Can I travel outside of the U.S. while my adjustment of status application is pending?

If you travel outside of the U.S. while your adjustment of status application is pending, your application may be considered abandoned. It is important to obtain permission to travel from USCIS before leaving the country.

How long does changing status from a B-1/B-2 visa to a marriage green card take?

The processing time for changing status from a B-1/B-2 visa to a marriage green card varies depending on the individual case and USCIS workload. Generally, the process can take several months to a year or more. The processing status can be checked on the UCIS website.

What happens if my marriage green card application is denied?

If your application for a marriage green card is denied, you may have the option to appeal the decision or file a motion to reopen or reconsider your case. It is important to consult with an immigration attorney if your application is denied.

Can I work while my adjustment of status application is pending?

Yes, you can work after receiving a work permit. 

Final Thoughts For Changing From B-1/B-2 Visa to a Marriage Green Card

Changing status from a B-1/B-2 visa to a marriage green card can be a complex process, but with careful planning and attention to detail, it is possible to obtain permanent residency in the United States. The key is to ensure that all required documents and forms are submitted accurately and on time and that the applicant and their spouse attend all required appointments and interviews. Additionally, it is important to have a solid understanding of U.S. immigration laws and regulations to avoid any pitfalls along the way.