Changing from B-1/B-2 to Marriage Green Card

Introduction

In 2024, US Department of State issued 10,969,936 visas, out of which 6,498,004 were B1/B2 Visas

From the iconic skyline of New York to the endless entertainment in Las Vegas and Los Angeles, the US has it all. Attracting tourists and businessmen from all over the world, the US has positioned itself as a popular destination. If you want to visit the US for “business or pleasure,” you can apply for a B-1/B-2 temporary visitor visa. 

But what if, after reaching the US, you meet someone and get married? Can you immigrate to the US and get a green card? While the answer to this question is yes, there are certain rules and procedures involved. 

In this blog, we will cover how you can apply for a marriage green card if you have entered the US on a B1/B2 visa, giving you an overview of the entire process and what mistakes you shouldn’t make to avoid any complications in your green card process. So, let’s help you start your new life in the US!

How Can You Apply For A Marriage Green Card If You Have A B1/B2 Visa?

Entering the US on a B1/B2 temporary visa means you have a non-immigrant status. Now, if you marry a U.S. citizen or a Lawful Permanent Resident (LPR), you become eligible to apply for a marriage green card to live with your spouse in the U.S. 

There are two ways through which you can apply for a marriage green card:

Adjustment of Status

If you apply from within the US, you can apply for a green card by filing for adjustment of status, completing and filing Form(s) I-130 and I-485. If you are marrying a US citizen and you are physically present in the US, you can file I-130 and I-485 concurrently. However, if you are marrying an LPR, you may have to wait until your I-130 is approved, after filing the I-485, as an immigrant visa may not be readily available. 

Consular Processing 

Consular Processing involves applying for a green card from your home country by filing Form I-485 with the National Visa Center. 

What’s The Difference? 

The process of adjustment of status and consular processing is similar. However, the main difference is that in the adjustment of status, you apply from inside the US, while in consular processing, you apply from outside the US. 

What Is The Process of Applying For A Marriage Green Card?

As a B1/B2 visa holder, the process that you choose to apply for a green card, and the time in which you will be allotted a green card, depend on whether you are married to a U.S. citizen or an LPR. We have discussed both situations below:

If you are married to a U.S. citizen

Marrying a U.S. citizen opens you to a world of immigration benefits. The process of applying for a green card is better, as there is no cap on the number of immigration visas that can be issued to a spouse of a U.S. citizen. 

Applying Through Adjustment of Status

If you are applying for a green card through adjustment of status, you will need to file the following USCIS forms:

1. Form I-130: Petition for Alien Relative or I-130 is the primary form in your immigration process. This form will be completed and filed by your U.S. citizen spouse, acting as the sponsor, to establish that there is a family connection between you and your spouse. You will be the beneficiary of this petition. 
2. I-130A: This form is filed by you as the non-immigrant spouse to provide additional evidence and information about yourself. 
3. Form I-864: Filed by your US Citizen spouse, I-864, Affidavit of Support, is an undertaking by your spouse that they will take on your financial responsibility and reimburse the US government department if you become a public charge. 
4. Form I-485: Application to Register Permanent Residence or Adjust Status is the form you file to adjust your status and apply for a green card. You, the B1/B2 visa holder, will file and mail this form to the USCIS.

In marriage-based immigration, an important part is proving that your marriage to your US citizen spouse is genuine and bona fide and not for any immigration benefit or to get a green card. You can do this by submitting evidence of the genuineness of your marriage and attaching supporting documents to your petition. 

Typically, you will be able to get a green card within 6-18 months of applying; however, it may take less or more time depending on the backlog of the USCIS center processing your application. 

Do remember to review your application before filing to ensure that there are no errors or small mistakes, as this can lead to delays and requests for additional evidence. Sometimes, your application can also be denied. 

Need help adjusting your status? Get an error-free Adjustment of Status process and personalized application filing instructions, at just $295 plus USCIS filing fees

Applying Through Consular Processing

You also have an option available to return to your home country and file for a green card by going through consular processing, where your application will be processed by the nearby US Embassy/Consulate. Here’s a list of the forms:

Form I-130: The requirements and process of filing I-130 are similar to those in the adjustment of status process. 

Form DS-260: After your I-130 is approved, the National Visa Center (NVC) will inform you, and you can electronically file DS-260 to get an immigrant visa.

While the process of filing for consular processing is slightly cheaper than the adjustment of status, due to the lower filing fees, you may have to wait longer to get a green card, as the processing time is longer. Overall, the decision to go for adjustment of status or consular processing is yours; however, you should consider the remaining duration of your visitor visa when opting for either of the paths. 

If you are married to a Lawful Permanent Resident

Being married to an LPR can put you at somewhat of a disadvantage when applying for a green card, as there are annual limits on the number of immigrant visas/green cards that can be issued to immediate relatives of a green card holder. 

The process of applying for a green card is similar. You, too, have the option of going through adjustment of status or consular processing:

Adjustment of Status

The first step for a marriage green card is filing an I-130, Petition for Alien Relative, with the USCIS. Your LPR spouse has to file this on your behalf. After your I-130 is approved, you will receive a visa number. With this visa number, you can apply for a marriage-based green card. 

The time that it takes for you to be allotted a green card depends on your circumstances and even your country of origin. 

Now, this is where the process can get tricky. You came to the US on a temporary visa. Once your B1/B2 visa expires, you may not be able to stay in the US. If you do decide to overstay, then you can be barred from re-entering the US in the future. 

Typically, if you are married to a U.S. citizen, the time you overstay can be waived. Further, if you are married to an LPR, and you overstay for less than 180 days after your B1/B2 visa expires, then you can leave the US and apply for a green card through consular processing.

If an immigrant visa is available before your B1/B2 visa expires, you can stay in the US and apply for a green card by filing an I-485. After your I-485 is approved, you will receive your green card in the mail. However, chances are that you will receive a conditional green card, and you will need to apply for removal of conditions on your green card in the next two years. 

Get a complete application package to remove conditions on your green card 

Consular Processing 

If your B1/B2 visa expires before an immigrant visa is available, you have to leave the US and apply for a green card through consular processing. 

It should be remembered that the consular processing is somewhat cheaper than the adjustment of status, and you can always leave the US, even if your visa hasn’t expired, and apply for a green card through consular processing. 

Additional Considerations

Even if your B1/B2 visa is about to expire, you can apply for an extension or even apply for a different non-immigrant visa to extend the time you can stay in the US and have a valid immigration status. In most cases, if you have a six-month B1/B2 visa, you can apply for a six-month extension.

While you are waiting for an immigrant visa to be available, if your LPR spouse becomes a U.S. citizen, you can switch to the process for spouses of US citizens. This means that you may be able to receive a green card much faster.   

Is your LPR Spouse eligible to become a U.S. citizen? Take a free eligibility quiz now to find out.

What Is The 90-Day Rule When Changing a B1/B2 Visa To a Marriage Green Card? 

The 90-day rule is important in applying for a marriage green card. A B1/B2 visa is a temporary stay visa. When you filed for a B1/B2 visa, you would have provided evidence of strong ties to your home country. This could mean a job, property, or even family ties. 

Non-immigrant visas such as the H-1B or the L-1 are dual-intent visas, which means you can apply for a green card. However, a B1/B2 visa is a single-intent visa issued only for a temporary stay. 

So, if you have married a US Citizen or LPR within 90 days of your arrival to the US, and apply for a green card through adjustment of status, the USCIS will automatically presume that you misrepresented your intent to immigrate when you entered the US, and you will have to provide evidence to prove otherwise. 

If the USCIS officer decides that you misrepresented your intent, your B1/B2 visa can be revoked, and your green card application may be denied. To avoid any complications in your immigration process, it’s advised that you wait 91 days or more before filing for an adjustment of status.

What Are The Travel Rules To Remember When Your Green Card Application Is Pending?

Even though you have filed for a green card, there are some rules that you must know to avoid any complications in the green card process:

Entering the US

If you have filed for a green card through consular processing in your home country, you might have to face some problems while re-entering the US. As you have already filed for a green card, it is clear that you intend to immigrate to the US. So, if you try to enter the US on a B1/B2 temporary visit visa, the Customs and Border Protection (CBP) officer may deny you entry to the US and even revoke your B1/B2 visa. 

If you try to lie or misrepresent to the CBP officer that you aren’t married to a US Citizen or LPR and don’t intend to immigrate, then this can cause problems in your green card application. 

Leaving The US

If you have applied through adjustment of status from within the US, then you would need to apply for advance parole and have proper documents while leaving or traveling to a foreign country from the US, even though you are still on a B1/B2 visa. Again, not having travel documents or advance parole can lead to problems in your green card process. 

What Are The Travel Rules After Your Green Card Is Approved?

When you get a green card, you become a lawful permanent resident of the US. This means you can travel freely to and from the US without applying for advance parole. As a green card holder, generally, you are eligible to naturalize and become a US citizen after holding a green card for five years. 

As a permanent resident of the US, you would have to leave your home country and settle in the US. While you can travel to your home country, if you leave for extended periods of time, this can lead to a break in your residence and even lead to the revocation of your green card. In the future, if you decide to apply for naturalization, these breaks in your residence can hamper your eligibility.

If you still want to maintain your primary residence in your home country, you can travel to the US with your B1/B2 visa and not apply for a green card until you are ready to settle with your US Citizen/LPR spouse in the US. 

Conclusion 

Changing your B1/B2 temporary visa to a marriage green card is possible. While you can apply through adjustment of status or consular processing, an expert immigration lawyer can help you decide which path is best for your case. Remember to pay close attention to the 90-day rule and follow the travel guidelines, both before and after you get your green card. 

In case you haven’t received a green card through adjustment of status, and your B1/B2 visa is about to expire, then you can leave the US and apply through consular processing to prevent visa overstay. However, it is advised that you consult an immigration lawyer before leaving. 

How FileRight Can Help You? 

Changing your immigration status from B1/B2 to lawful permanent residence can be quite complicated due to the 90-day rule and the travel rules for your temporary visa. FileRight has a proven track record of helping foreigners in similar situations. Here’s how FileRight can help you:

• Application Package: When applying for a green card, there are different forms, procedures, and supporting documents. Whether you are filing an I-485 or I-130, FileRight has complete application packages to ensure that your forms are filed accurately without errors.
• Affordable Expert Consultation Options: You can book an expert consultation starting at just $79 at any stage of converting your B1/B2 visa to a green card. With expert guidance, you can prevent common mistakes and avoid triggering the 90-day rule.  

To get your green card without any stress or complications, book a consultation with FileRight’s expert immigration lawyer today!