B-1/B-2 Visa to a Marriage Green Card: The Ultimate Guide to Changing Your Status

For many, the idea of converting a temporary visa into permanent residence can seem daunting, but it's a journey that can lead to lasting happiness.

If you’re currently in the U.S. on a B-1 or B-2 visa and have found your life partner, it’s possible to transition from your visitor status to the security of a marriage-based green card. While this process is complex, it becomes much more manageable with the help of a skilled marriage visa lawyer. With the right guidance, making your temporary stay permanent is entirely feasible.

From understanding the eligibility criteria to preparing the necessary paperwork, knowing the steps involved will ease the shift. This article will guide you through each stage of the process, providing clarity and actionable advice to help you and your spouse approach this important change in your lives.

Documents You’ll Need to Provide

Managing the transition from a B-1 or B-2 visa to a marriage green card requires some effort and organization, but knowing the right documents can greatly simplify the process. Whether you're filing Form I-130 to establish your relationship or Form I-485 to adjust your status, having a clear checklist ensures that you're well-prepared.

Take a look at our comprehensive list to confirm that you have all the necessary paperwork for a successful application:

With the right documents in hand, you can go from a B-1 or B-2 visa to a marriage green card relatively seamlessly. Follow our detailed checklist for Forms I-130 and I-485 to navigate each step confidently. Making sure your application is complete and accurate will pave the way for a successful adjustment of status and a bright future in a new country with your spouse.

Step-by-Step Process to Convert a B-1/B-2 Visa Into a Marriage Green Card

Transitioning from a B-1 or B-2 visa to a marriage green card is an undertaking that requires careful planning and an understanding of U.S. immigration laws. If you’re married to a U.S. citizen or permanent resident and are currently in the U.S. on a visitor visa, there are specific steps you’ll need to follow to adjust your status legally.

Step 1: Enter the U.S. on a B-1/B-2 Visa

Your first step is to enter the U.S. legally on your B-1 or B-2 visa, which is intended for short-term business (B-1) or tourism (B-2) purposes.

Make sure your entry and stay comply with the visa’s terms. This means you shouldn’t engage in any activities that go against the visa’s purpose, such as planning to marry or apply for a green card while still outside the U.S. Once you’re in the country, you can legally marry and proceed with your application for adjustment of status.

Here’s a breakdown of the all-important initial steps:

• Obtain a B-1/B-2 visa: Apply through the U.S. embassy or consulate in your home country. Complete Form DS-160 and provide the required documents.
• Honor the visa’s conditions: Adhere strictly to the terms of the visa, avoiding any actions that could imply an intention to immigrate at the time of entry.
• Keep records: Hold onto your visa approval, entry stamp, and any documents related to your entry and stay in the U.S. You’ll need them for your green card application.

Entering the U.S. on a B-1 or B-2 visa is the first step toward changing your status. By making it a point to honor the visa’s conditions and preparing early for subsequent steps, you can lay a solid foundation for your eventual green card application.

Step 2: Get Married to Your U.S. Citizen or Permanent Resident Spouse

Once you’re in the U.S., the next step is to get married to your spouse. This marriage must be legal and genuine. After the marriage, you’ll need to obtain and prepare specific documents to support your green card application. Make sure your marriage is properly documented and that you have all the necessary paperwork for your application.

You’ll need to complete these three basic steps:

• Plan the wedding: Organize a wedding ceremony that complies with state laws. Secure a marriage license and have your marriage performed by an authorized officiant.
• Obtain a marriage certificate: Get a certified copy of the certificate from the county clerk’s office where your union was registered. Make sure it’s stamped and signed.
• Document your marriage: Gather evidence of a genuine relationship, such as joint bank account statements, lease agreements, or affidavits from loved ones.

Getting married and obtaining the proper documentation is a prerequisite for the next steps in the process. Double-check that all documents are accurate and complete to facilitate the move from a B-1 or B-2 visa to a marriage green card.

Step 3: File Form I-130, Petition for Alien Relative

After getting married, you should file Form I-130 with U.S. Citizenship and Immigration Services (USCIS). This form is used to establish the legitimacy of your marriage and your eligibility for a green card. It must be filed by your U.S. citizen or permanent resident spouse on your behalf.

The primary goal of Form I-130 is to prove that your marriage is real and wasn’t entered into for the sole purpose of immigration. Here’s what will be required of you:

• Complete the form: Download Form I-130 from the USCIS website. Carefully fill out all sections, providing accurate information about yourself and your marriage.
• Gather supporting documents: You’ll need your marriage certificate, proof of your spouse’s citizenship or permanent residency, and evidence of your relationship.
• Pay the filing fee: Include the correct filing fee with your application. Check the USCIS website for details regarding the current fee amount and accepted payment methods.
• Submit the petition: Mail your completed form, supporting documents, and payment to the appropriate USCIS address. If possible, use a mail service that provides tracking.

Filing Form I-130 is critical, as it sets the stage for your adjustment of status. Make sure the information you provide is accurate and all required documents are included to avoid processing delays.

Step 4: File Form I-485, Application to Register Permanent Residence or Adjust Status

After filing Form I-130, you can move on to Form I-485, which you can use to apply for a green card while you’re still in the U.S. This form allows you to request a status change from visitor to lawful permanent resident based on your marriage to a U.S. citizen or permanent resident.

The steps for filing Form I-485 are as follows:

• Complete the form: Obtain Form I-485 from the USCIS website and fill it out, providing detailed information about your background, immigration history, and current status.
• Prepare supporting documents: Necessary documents include your passport, Form I-94, medical examination results, and evidence of your legal entry into the U.S.
• Include Form I-864: Your spouse must complete Form I-864, Affidavit of Support, to show that they can financially support you and keep you from becoming a public charge.
• Pay the filing fee: Submit the correct filing fee with your application. Consult the USCIS website for the current fee and payment options.
• Submit the application: Send your completed Form I-485, supporting documents, and payment to the appropriate address. Use a mail service that provides proof of delivery.

With this box checked, you’ll have officially begun the process of becoming a lawful permanent resident. Only a few more steps to go!

Step 5: Attend a Biometrics Appointment

After filing Form I-485, you’ll receive a notice for a biometrics appointment. During this appointment, USCIS officials will collect your fingerprints, photograph, and signature. These biometric data are used for background-check purposes to verify your identity and ensure that you don’t have any disqualifying criminal history.

• Receive your appointment notice: Wait for the official notice from USCIS, which will include the date, time, and location of your appointment.
• Attend your appointment: Go to the designated USCIS Application Support Center on the scheduled date. Bring the original appointment notice and a valid photo ID.
• Provide the requested biometric data: You’ll be fingerprinted, photographed, and asked to record your signature. This process typically takes less than an hour.
• Confirm completion: After your appointment, you’ll receive a confirmation of completion. Add it to your records in case there are any follow-up questions.

You can’t move forward with your green card application until you’ve completed your biometrics appointment. It’s one of the last procedural hurdles you’ll have to clear before USCIS makes a decision regarding your application.

Step 6: Attend an Adjustment of Status Interview

Following your biometrics appointment, you’ll be scheduled for an adjustment of status interview. This is a critical phase of the green card application process, during which a USCIS officer will review your application and ask questions to confirm the authenticity of your marriage and your eligibility for a green card.

Take the following steps to ensure success:

• Prepare for the interview: Review your application and supporting documents. Be ready to answer questions about your background, relationship, and life together.
• Gather the necessary documents: Bring your marriage certificate, proof of joint assets or liabilities, and identifying documents (passport, driver’s license, etc.).
• Attend the interview: Arrive at the USCIS office on time for your scheduled interview. Be honest, straightforward, and courteous, providing requested documents as needed.
• Follow up: After the interview, you may be asked for additional information or documentation. Respond promptly to any requests to avoid delays in your application.

Proper interview prep and organization can significantly impact the outcome of your application, so approach this step with care and attention to detail. Once it’s out of the way, all that’s left to do is wait to hear USCIS’s determination.

Step 7: Wait for a Decision on Your Green Card Application

The processing time for your application can vary depending on the complexity of your case and the current workload of the USCIS office. USCIS agents will review all the information and evidence you’ve provided to determine your eligibility for a marriage-based green card.

Here are a few things you can do during this time:

• Check your case status: Monitor the status of your application on the USCIS website, which will provide updates on any progress or requests for additional information.
• Be patient: As mentioned, processing times can vary. You can check average processing times on the USCIS website or by contacting customer service.
• Respond to any RFEs: If the agency issues a Request for Evidence (RFE), promptly provide the information in question to avoid delays.
• Maintain your status: Keep up your legal status in the U.S. while your application is pending. Avoid actions that could jeopardize your status or affect your application.

Patience and careful monitoring are vital while awaiting USCIS’s decision. Staying informed and being responsive to any requests from USCIS will help keep your application on track.

Step 8: Receive Your Marriage Green Card

When USCIS has made a decision about your application, they’ll notify you of the outcome. If you’re approved, you’ll receive your marriage-based green card, granting you lawful permanent residence in the U.S. This is the final step in adjusting your status, marking the beginning of your new status as a green card holder.

Here’s what you can expect:

• Receive your green card: Your green card will be mailed to the address provided in your application. Ensure that USCIS has your correct address to avoid delivery issues.
• Review the card thoroughly: Check for errors or discrepancies, such as incorrect personal information or dates. If you find any mistakes, contact USCIS to correct them.

Getting your marriage green card is a major milestone, as it grants you lawful permanent residency in the U.S. Make sure you understand the terms of your residency and keep track of any future requirements to maintain your legal status.

What If You Entered the U.S. on a B-1/B-2 Visa with the Intent to Marry?

If you entered the U.S. on a B-1 or B-2 visa with the intent to marry, it's crucial to understand that this could complicate your immigration process. These visas are intended for short-term visits for business or tourism, and entering the U.S. with the premeditated intention to marry can be viewed as visa fraud.

USCIS requires visa applicants to demonstrate that they don’t have ulterior motives. If you decide to marry while in the U.S. on a B-1 or B-2 visa, you should consult an immigration attorney to ensure that your actions are in compliance with immigration laws. Your lawyer can also help you overcome the potential challenges of adjusting your status.