How to Change B-1 / B-2 Visa to a Green Card?

If you're visiting the United States on a B-1/B-2 visa for business or vacation, and you’ve recently married a U.S. citizen or a green card holder (permanent resident), you can apply for a marriage green card. This will allow you to live with your spouse in the United States.

As a B-1/B-2 visitor, you can apply for a green card while staying in the U.S. through "adjustment of status" (AOS). Alternatively, you can apply from your home country by using a method called "consular processing."

In this guide, we’ll explain both ways to apply, so you can choose the best option for you. We will also share common mistakes to avoid during the application process.

The process of changing your B-1/B-2 visa to a green card can be a little challenging, but understanding the steps is key to success. Start by learning more about the options available and how you can begin the application process.

How to Change B-1 B-2 Visa to a Green Card?

Way 1: If You're Married to a U.S. Citizen

If your spouse is a U.S. citizen, you have the option to apply for a green card through Adjustment of Status (AOS). Here’s a step-by-step overview:

• File Form I-130: Your U.S. citizen spouse will file the Petition for Alien Relative (Form I-130) to sponsor you.
  
  

• File Form I-485: You, the B-1/B-2 visa holder, will file Form I-485 (Application to Register Permanent Residence or Adjust Status), indicating your intent to become a permanent resident.

Once your application is submitted, it typically takes around 5 to 16 months to process, depending on your case and the service center’s processing times. During this period, you may also need to attend an interview where you'll need to prove that your marriage is genuine.

If you prefer to process your application from outside the U.S., you can choose consular processing. While this option might take longer, it’s a viable alternative, especially if you’re planning to travel home before your green card is issued.

Way 2: If You're Married to a Green Card Holder

If you're married to a green card holder (permanent resident), the process differs slightly:

• Form I-130: Your spouse will first file Form I-130 to sponsor you.

  
  

• Visa Number Availability: Since green card holders do not have immediate visa numbers available for their spouses, you will have to wait for your visa number to become current before proceeding.

Once your visa number becomes available, you can either stay in the U.S. and apply for Adjustment of Status (if your visa is still valid) or you may need to leave the country to complete the process through consular processing.

If you’ve already started the process and your spouse becomes a U.S. citizen while your visa number is still pending, you can switch to the process for spouses of U.S. citizens, which has a more immediate visa number availability.

Adjustment of Status vs Consular Processing

Both Adjustment of Status (AOS) and Consular Processing are ways to get a marriage-based green card, but they differ depending on your location and situation.

1. Adjustment of Status (AOS): This option is for those already living in the U.S. on a B-1/B-2 visa. With AOS, you can apply to change your status to a permanent resident without leaving the country. The process involves filing a family sponsorship form (Form I-130) and a green card application (Form I-485), which are typically submitted together.
   
   

2. Consular Processing: If you're not in the U.S. or if you're already outside the country, consular processing is the way to go. You’ll submit your green card application to a U.S. consulate or embassy in your home country, where your application will be reviewed and processed before you can enter the U.S. as a permanent resident.

Both options are valid, but choosing one over the other depends on factors such as your current location, whether you want to remain in the U.S. during the process, and the speed of processing in your home country.

90-Day Rule For B-1/B-2 Visa Holders

One critical consideration for B-1/B-2 visa holders is the 90-day rule. This rule is essential because when you enter the U.S. on a visitor visa, you're indicating that you plan to return home before your visa expires. If you apply for a green card within 90 days of arrival, immigration authorities might suspect that you misrepresented your intentions when entering the U.S.

To avoid complications, it’s recommended to wait at least 91 days before applying for your green card. Filing too soon could raise red flags with U.S. Citizenship and Immigration Services (USCIS), and your application might be denied if they believe you entered the U.S. to stay permanently all along.

Conclusion:

Changing from a B-1/B-2 visa to a green card through marriage is an important step that requires careful planning. Whether you choose Adjustment of Status or consular processing, understanding the process and the 90-day rule is crucial to avoiding delays or complications.

By following the right steps and ensuring you comply with all requirements, you can successfully navigate the path to permanent residency.