Changing your status from a B-1/B-2 visa to a marriage-based green card in the United States involves several steps. Here is a general guide, but it’s important to consult with an immigration attorney for advice tailored to your specific situation:
- Get Married:
- Ensure you are legally married to a U.S. citizen or a lawful permanent resident.
- File Form I-130, Petition for Alien Relative:
- The U.S. citizen or lawful permanent resident spouse must file Form I-130 with U.S. Citizenship and Immigration Services (USCIS).
- Include supporting documents such as proof of the relationship, marriage certificate, and evidence of the petitioner’s status.
- Wait for USCIS Approval:
- Once USCIS approves the I-130, it will be forwarded to the National Visa Center (NVC).
- Choose an Immigrant Visa Processing Option:
- The sponsoring spouse must choose either Consular Processing (if the intending immigrant is outside the U.S.) or Adjustment of Status (if the intending immigrant is in the U.S.).
- Consular Processing (if outside the U.S.):
- If the intending immigrant is outside the U.S., they will go through consular processing at a U.S. embassy or consulate in their home country.
- Adjustment of Status (if inside the U.S.):
- If the intending immigrant is in the U.S., they can file Form I-485, Application to Register Permanent Residence or Adjust Status, with USCIS.
- Biometrics Appointment:
- USCIS will schedule a biometrics appointment for fingerprinting and a background check.
- Interview:
- USCIS may schedule an interview to assess the validity of the marriage and eligibility for a green card.
- Receive Green Card:
- If approved, the intending immigrant will receive a conditional or permanent green card.
It’s important to note that the process can vary, and the information provided here is a general overview. Consulting with an immigration attorney is highly recommended to ensure that you are following the correct procedures and addressing any specific circumstances you may have. Immigration laws and procedures are subject to change, so it’s essential to stay updated on the latest regulations.
What documents must be submitted?
When applying for a marriage-based green card, you’ll need to submit a variety of documents to demonstrate the legitimacy of your marriage and the eligibility of the foreign spouse. Here’s a general list of documents; keep in mind that specific requirements may vary, and it’s crucial to check the latest guidance from U.S. Citizenship and Immigration Services (USCIS) or consult with an immigration attorney:
For the U.S. Citizen or Lawful Permanent Resident Sponsor (Petitioner):
- Form I-130, Petition for Alien Relative: This is the primary form initiating the process.
- Proof of U.S. Citizenship or Permanent Residency: Examples include a U.S. passport, Certificate of Naturalization, or Green Card.
- Proof of the Petitioner’s Identity: A copy of a government-issued photo ID, such as a driver’s license or passport.
- Proof of the Legitimacy of the Marriage: Documents like the marriage certificate, joint bank account statements, joint lease agreements, or other evidence of cohabitation.
For the Foreign Spouse (Beneficiary):
- Form DS-260 (for Consular Processing) or Form I-485 (for Adjustment of Status): The appropriate form based on whether the foreign spouse is outside or inside the U.S.
- Birth Certificate: A copy of the foreign spouse’s birth certificate.
- Passport: A copy of the foreign spouse’s passport, including biographical pages.
- Form I-693, Report of Medical Examination and Vaccination Record: A completed and sealed medical examination report conducted by a USCIS-approved civil surgeon.
- Form I-864, Affidavit of Support: The U.S. citizen or permanent resident must demonstrate financial ability to support the foreign spouse.
- Evidence of Legal Entry into the U.S.: This can include a copy of the I-94 Arrival/Departure Record, visa stamp, or other entry documents.
- Proof of Relationship: Additional evidence such as photos, joint utility bills, joint insurance policies, or any other documentation that supports the authenticity of the marital relationship.
For Both Parties:
- Passport-sized Photos: Recent passport-sized photos of both the U.S. citizen or permanent resident sponsor and the foreign spouse.
- Filing Fees: Include the required filing fees with the application forms.
It’s important to thoroughly review the instructions for each form and provide accurate and complete information. Additionally, USCIS may request additional documents or evidence during the processing of the application. Working with an immigration attorney can help ensure that you have all the necessary documentation and increase the chances of a successful application.
Form I-130 Instructions
It’s important to note that USCIS forms and instructions may be updated, and you should always refer to the most recent version on the official USCIS website. Here is a general overview of the Form I-130 instructions.
Form I-130, Petition for Alien Relative:
- Purpose of the Form:
- The I-130 is used by U.S. citizens or lawful permanent residents to establish the qualifying relationship with certain alien relatives who wish to immigrate to the United States.
- Filing Eligibility:
- U.S. citizens can file for their spouses, parents, children (married or unmarried), and siblings.
- Lawful permanent residents can file for their spouses and unmarried children.
- Filing Instructions:
- Complete the form accurately and legibly.
- Type or print in black ink.
- Answer all questions fully. If a question is not applicable, write “N/A.”
- Supporting Documentation:
- Include all required supporting documentation as evidence of the qualifying relationship. This may include a marriage certificate, birth certificates, etc.
- Provide certified translations for documents not in English.
- Filing Fee:
- Include the appropriate filing fee with the form. Check the USCIS website for the current fee.
- Address:
- Mail the completed form and supporting documents to the address specified in the form instructions.
- G-1145, E-Notification of Application/Petition Acceptance:
- If you want to receive email or text message notifications about your case, you can include Form G-1145 with your I-130.
- Form Instructions:
- Read the detailed form instructions carefully before completing the form.
- Pay attention to specific instructions for each part of the form.
- Biographical Information:
- Include accurate biographical information for both the petitioner and the beneficiary.
- Verification of Eligibility:
- Sign and date the form to certify that the information provided is true and correct to the best of your knowledge.
- Consular Processing or Adjustment of Status:
- Indicate whether the beneficiary will be applying for an immigrant visa abroad through consular processing or adjusting status within the U.S.
- Filing for Multiple Beneficiaries:
- If you are filing for multiple beneficiaries, you can include them on the same form.
Remember, the instructions may change, and it’s crucial to refer to the most recent version of Form I-130 and its instructions on the USCIS website. If you have any doubts or questions, consider seeking advice from an immigration attorney to ensure the accuracy and completeness of your application.
