If you're visiting the United States on a B-1/B-2 visa and have recently married a U.S. citizen or [green card](/immigration-resources/green-card-immigration-guide) holder, you might be wondering how to change your visa status. This article is designed to guide you through the process. We also aim to help those who are considering marriage to a U.S. citizen or green card holder and are seeking information on how to change their visa status.

In this comprehensive guide, we will explain how to change your status from a B-1/B-2 visa to a marriage green card. We will explore two methods: Adjustment of Status (AOS) and consular processing. AOS is applicable for applicants already in the U.S., while consular processing is for those outside the U.S. 

We will also discuss the [90-day rule](https://www.uscis.gov/policy-manual/volume-8-part-j-chapter-3^), which states that temporary visa holders who file a green card application within 90 days of arriving in the U.S. are presumed to have misrepresented their intentions. This is a crucial piece of information that you need to be aware of to avoid any complications in your application process.

So, whether you're already in the U.S. or planning to get married here, this guide will provide you with the necessary information to navigate the visa status change process. Let's get started.

Before we delve into the process of changing your visa status, it's essential to understand what a B-1/B-2 visa is and what it entails. The B-1/B-2 visa is a non-immigrant visa for persons desiring to enter the U.S. temporarily for business (B-1) or for pleasure, tourism, or medical treatment (B-2).

As a B-1/B-2 visa holder, you are allowed to engage in the activities that your visa permits, such as business meetings, conferences, tourism, or medical treatments. However, it's important to note that this visa does not allow you to stay in the U.S. indefinitely. It has a specific validity period, and once it expires, you are expected to leave the country unless you have applied for and been granted a change of status.

Changing your status from a B-1/B-2 visa to a marriage green card allows you to stay in the U.S. permanently and enjoy the benefits of being a permanent resident. However, this process requires careful planning and adherence to U.S. immigration laws and procedures. 

In the following sections, we will guide you through these procedures and provide you with the necessary information to make your transition from a B-1/B-2 visa to a marriage green card as smooth as possible.

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

Now that you have a clear understanding of what a B-1/B-2 visa is, let's delve into the process of changing your status to a marriage green card. This process is not as daunting as it may seem if you understand the steps involved and follow them diligently.

There are two primary methods to change your status from a B-1/B-2 visa to a marriage green card: Adjustment of Status (AOS) and Consular Processing. The method you choose largely depends on your current location.

In the following sections, we will provide a detailed guide on how to apply for both AOS and Consular Processing. We will also discuss the 90-day rule, a crucial factor to consider when planning to change your visa status.

Adjustment of Status (AOS) is a procedure that allows you to become a permanent resident of the U.S. without having to return to your home country for visa processing. This process is applicable if you are already in the U.S. on a B-1/B-2 visa. Here's a step-by-step guide on how to apply for AOS:

Before you begin the AOS process, ensure that you meet the eligibility requirements. You must be physically present in the U.S., have entered the country legally, and not have violated the terms of your current visa.

The U.S. citizen or green card holder spouse must file Form I-130, Petition for Alien Relative. This form establishes the existence of a valid marriage. Once USCIS approves this form, you can move on to the next step.

After the approval of Form I-130, you can file Form I-485, Application to Register Permanent Residence or Adjust Status. This form is your official application for a green card.

**Step 4: Attend Biometrics Appointment**

After filing Form I-485, USCIS will schedule a biometrics appointment. During this appointment, USCIS will take your fingerprints, photo, and signature to verify your identity and conduct background checks.

USCIS will then schedule an interview to verify the information provided in your application and to confirm that your marriage is genuine.

After the interview, USCIS will make a decision on your application. If approved, you will receive your green card in the mail.

Remember, the AOS process requires careful attention to detail and accuracy in providing information. Any errors or omissions could lead to delays or even denial of your application. Therefore, it's crucial to take your time and ensure that everything is in order before submitting your application.

If you are currently outside the U.S., you will need to go through Consular Processing to obtain your marriage green card. This process involves applying for an immigrant visa at a U.S. embassy or consulate in your home country. Here's a step-by-step guide on how to apply for Consular Processing:

Just like with AOS, the first step in Consular Processing is to have your U.S. citizen or green card holder spouse file Form I-130, Petition for Alien Relative. This form establishes the existence of a valid marriage.

**Step 2: Wait for Approval of Form I-130**

After filing Form I-130, you will need to wait for USCIS to approve it. Once approved, USCIS will send the case to the National Visa Center (NVC).

**Step 3: Submit Visa Application to NVC**

Once your case is at the NVC, you will need to submit a visa application. This involves filling out [Form DS-260](/immigration-resources/form-ds160-us-nonimmigrant-visa-application), Immigrant Visa and Alien Registration Application, and submitting it online.

**Step 4: Attend Medical Examination and Interview**

After submitting your visa application, you will need to undergo a medical examination and attend an interview at a U.S. embassy or consulate in your home country. The embassy or consulate will provide you with instructions on these procedures.

After your interview, the consular officer will decide whether you are eligible for a visa. If approved, you will receive a visa packet to take with you when you travel to the U.S.

Once you have your visa, you can travel to the U.S. Upon entry, you will become a permanent resident and will receive your green card in the mail.

Remember, Consular Processing involves careful coordination with various U.S. government agencies both in the U.S. and in your home country. Therefore, it's crucial to follow all instructions carefully and provide accurate and complete information at every step of the process.

When planning to change your visa status, it's crucial to be aware of the 90-day rule. This rule is an important guideline used by U.S. immigration officers to determine whether a person has misrepresented their intentions when applying for a non-immigrant visa.

According to the 90-day rule, if a person applies for a change of status (like applying for a green card) within 90 days of entering the U.S. on a non-immigrant visa (like a B-1/B-2 visa), they are presumed to have misrepresented their intentions. In other words, the U.S. government assumes that you intended to immigrate permanently when you entered the U.S., even though you entered on a temporary visa.

Violating the 90-day rule can have serious consequences, including visa denial and being barred from entering the U.S. in the future. Therefore, it's crucial to plan your actions carefully and consider the timing of your application for a green card.

If you're planning to apply for a green card after entering the U.S. on a B-1/B-2 visa, it's advisable to wait at least 90 days before submitting your application. This way, you can avoid any potential issues related to the 90-day rule.

Remember, immigration laws can be complex and confusing. If you're unsure about anything, it's always a good idea to seek advice from an immigration expert or attorney.

The path to obtaining a green card can vary depending on whether your spouse is a U.S. citizen or a green card holder. Let's break down the process for each scenario:

**If Your Spouse is a Green Card Holder**

Remember, whether your spouse is a U.S. citizen or a green card holder, the process requires careful attention to detail and patience. It's crucial to provide accurate information and to follow all instructions carefully to ensure a smooth process.

Traveling with a Pending Green Card Application

Traveling while your green card application is pending can be tricky and requires careful planning. Here are some important points to consider:

If you leave the U.S. while your green card application is pending without obtaining advance parole (Form I-131), your application could be considered abandoned and denied. Advance parole allows you to return to the U.S. without a visa after traveling abroad. 

To apply for advance parole, you need to file Form I-131, Application for Travel Document. It's crucial to wait until you receive your advance parole document before leaving the U.S.

Traveling within the U.S. while your green card application is pending is generally allowed. However, it's essential to carry your identification and any documents related to your green card application with you.

If you plan to travel to your home country while your green card application is pending, it's important to be aware of the potential risks. If you have overstayed your visa or have any immigration violations, you could face problems when you try to return to the U.S.

In conclusion, if you need to travel while your green card application is pending, it's advisable to consult with an immigration attorney or expert to understand the potential risks and how to mitigate them.

Once your green card application is approved, you officially become a permanent resident of the U.S. Here's what happens next:

After approval, you will receive your green card in the mail. This card serves as proof of your permanent resident status and should be kept safe. It's also important to note that while it's called a "permanent" resident card, it does need to be renewed every 10 years.

As a green card holder, you have the right to live and work in the U.S. permanently. You also have the right to apply for U.S. citizenship after a certain period of time, usually five years.

However, these rights come with responsibilities. You must obey all laws of the U.S., state, and local authorities. You must also file income tax returns and report your income to the U.S. Internal Revenue Service and state taxing authorities.

As a green card holder, you can travel outside the U.S. and return without needing a visa. However, if you stay outside the U.S. for too long (usually 1 year or more), you could be considered as having abandoned your permanent resident status.

In conclusion, obtaining a green card is a significant step in your journey in the U.S. It's important to understand your rights and responsibilities as a green card holder to maintain your status and enjoy the benefits it offers.

Special Issues: Visa Overstay and Visa Extension

Navigating U.S. immigration processes can be complex, and sometimes, complications arise. Two common issues are visa overstays and visa extensions.

A visa overstay occurs when you stay in the U.S. longer than your visa allows. Overstaying your visa can have serious consequences, including being barred from returning to the U.S. for several years. If you have overstayed your B-1/B-2 visa, it's crucial to consult with an immigration attorney to understand your options.

If you're in the U.S. on a B-1/B-2 visa and need to stay longer than your visa allows, you may be able to apply for a visa extension. To do this, you must file [Form I-539](/immigration-resources/i-797-notice-of-action-forms-guide), Application to Extend/Change Nonimmigrant Status, with USCIS. It's important to file this form before your current status expires.

Remember, every situation is unique, and these general guidelines may not apply to your specific circumstances. If you're facing issues related to visa overstay or visa extension, it's always a good idea to seek advice from an immigration expert or attorney. They can provide guidance tailored to your situation and help you navigate the U.S. immigration system.

If you're planning to travel to the U.S. for your wedding, you might want to consider applying for a [K visa](/immigration-resources/k-1-visa-interview-questions), also known as a fiancé(e) visa. The K visa allows you to enter the U.S. and get married within 90 days of arrival. After the wedding, you can apply for a green card without leaving the U.S.

Here's a brief overview of the K visa process:

The U.S. citizen fiancé(e) must file Form I-129F, Petition for Alien Fiancé(e), with USCIS. This form establishes the intention to get married within 90 days of the foreign fiancé(e) entering the U.S.

Once USCIS approves the I-129F form, the foreign fiancé(e) can apply for a K visa at a U.S. embassy or consulate in their home country.

**Step 3: Enter the U.S. and Get Married**

Upon receiving the K visa, the foreign fiancé(e) can travel to the U.S. The couple must get married within 90 days of the foreign fiancé(e)'s arrival.

After the wedding, the foreign spouse can apply for a green card by filing Form I-485, Application to Register Permanent Residence or Adjust Status.

The K visa can be a good option for couples who want to get married in the U.S. and start the green card process immediately after the wedding. However, it's important to understand that the K visa comes with its own requirements and procedures. Always consult with an immigration expert or attorney to determine the best path for your specific situation.

Navigating the process of changing your status from a B-1/B-2 visa to a marriage green card can be complex and time-consuming. However, with careful planning and adherence to U.S. immigration laws and procedures, it's entirely achievable.

Remember, whether you're applying for Adjustment of Status or Consular Processing, dealing with special issues like visa overstay or visa extension, or considering a K visa, it's crucial to provide accurate information and follow all instructions carefully.

Transitioning from a B-1/B-2 visa to a marriage green card? This guide provides a detailed process, including options like Adjustment of Status (AOS) or Consular Processing. It also warns against potential misrepresentation and explains the requirements of a K visa. For complex situations, consulting an immigration expert is recommended.

B-1/B-2 Visa to Marriage Green Card: A Comprehensive Guide

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