H1-B Marriage to US Citizen: A Step-by-Step Guide

If you're an H-1B visa holder and you’ve recently married a U.S. citizen, congratulations! Along with the excitement of marriage comes the opportunity to apply for a marriage-based green card. This can allow you to stay in the U.S. permanently and continue working. But what does the process look like, and how can you smoothly transition from your H-1B visa to a green card?

In this guide, we’ll discuss everything you need to know about switching from an H-1B visa to a marriage-based green card. 

Let’s get detailed!

What is an H-1B Visa?

An H-1B visa is a temporary work visa issued by the U.S. government to foreign workers in specialized fields. This visa allows individuals to live and work in the United States for a specific period (usually up to six years) while working for a U.S. employer in a role that requires specialized knowledge, such as in technology, engineering, medicine, and other fields.

Unlike some other work visas, the H-1B is a dual-intent visa, meaning it allows visa holders to get permanent residency (a green card) while staying on the visa. This is important for individuals who wish to transition from an H-1B visa to a green card, such as through marriage to a U.S. citizen, without violating the terms of their visa.

Why H1-B Marriage to a US Citizen?

When you marry a U.S. citizen, you’re no longer just on an H-1B visa. You now have the option to apply for a green card based on your marriage. A green card means you can live and work in the U.S. permanently. It also gives you a pathway to eventually become a U.S. citizen if you choose to do so.

The good news is that the H-1B visa is a “dual-intent” visa, meaning you can apply for a green card while you're on it, without causing any problems. However, there are some steps you need to follow to transition smoothly.

Key Steps in the Process

The process of getting a green card through marriage involves several steps, and while it may seem complicated, we’ll explain it in a simple way.

1. File the I-130 Form

The first step is for your U.S. citizen spouse to file a form called Form I-130, Petition for Alien Relative. This form proves that your marriage is real and that your spouse is sponsoring you for a green card. This step is essential because it shows USCIS The U.S. Citizenship and Immigration Services (USCIS) will want to confirm that your marriage is legitimate.

2. File the I-485 Form

After your Form I-130 is filed, you’ll need to submit Form I-485, Application to Adjust Status. This form allows you to apply to change your status from an H-1B visa holder to a permanent resident (green card holder).

If you’re already in the U.S., you can file Form I-130 and Form I-485 together at the same time. This is called “concurrent filing” and helps speed up the process. If you’re outside the U.S., the process will involve applying through a U.S. consulate.

3. Apply for a Work Permit

While you wait for your green card, you can apply for a work permit (called an Employment Authorization Document or EAD). This lets you keep working in the U.S. while your green card application is being processed.

You can apply for the work permit at the same time as you file your green card application, and it’s typically issued within around 150 days. However, processing times can vary, so it’s best to apply as soon as possible.

4. Attend the Interview

In most cases, USCIS will schedule an interview with you and your spouse. The officer will ask questions to make sure your marriage is real and not just for immigration purposes. It’s important to bring all the necessary documents and be honest during the interview.

5. Receive Your Green Card

After your interview and once your green card application is approved, you will receive your green card. If you’ve been married for less than two years when your green card is approved, you’ll get a conditional green card, which is valid for two years. After that, you’ll need to apply to remove the conditions and get a permanent green card.

How Long Does the Process Take?

The timeline for getting your marriage-based green card can vary, but here’s a rough estimate:

• If you’re married to a U.S. citizen: The process usually takes about 9 to 12 months.
  
  

• If you’re married to a U.S. green card holder: It can take about 18 to 24 months, as there are additional steps and waiting times involved.

Final Thoughts

Marrying a U.S. citizen can open the door to permanent residency in the U.S. through a marriage-based green card. While the process does involve paperwork and some waiting, with proper planning and preparation, you can successfully transition from an H-1B visa holder to a permanent resident.

Take your time, make sure you understand the process, and gather all the necessary documents. If you need expert lawyers help, you can get a consultation with the marriage green card lawyers. Expert lawyers from Namona will help you get a family and marriage-based green card without any hassle.