Altering your standing from a B-1/B-2 customer visa to a marriage-based inexperienced card (Lawful Everlasting Resident standing) in america is a multi-step course of that sometimes includes the next:
- Eligibility: Be sure you meet the eligibility standards. You should be legally eligible for marriage within the U.S. and have a U.S. citizen partner. Moreover, you shouldn’t have violated the phrases of your B-1/B-2 visa, corresponding to by overstaying.
- Marriage: In case you are not already married to your U.S. citizen partner, it is best to get married earlier than continuing with the inexperienced card utility.
- I-130 Petition: Your U.S. citizen partner must file Type I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Providers (USCIS) to determine the qualifying relationship. This type is step one within the course of.
- Type I-485 Utility: As soon as the I-130 petition is authorised, you possibly can file Type I-485, Utility to Register Everlasting Residence or Regulate Standing. That is the applying on your inexperienced card.
- Biometrics and Medical Examination: You’ll be required to attend a biometrics appointment and bear a medical examination as a part of the applying course of.
- Affidavit of Help: Your U.S. citizen partner might want to submit an Affidavit of Help (Type I-864) to exhibit that they will financially help you because the intending immigrant.
- Type I-765 and I-131 (Non-obligatory): You’ll be able to file Type I-765, Utility for Employment Authorization, and Type I-131, Utility for Journey Doc, if you wish to work and/or journey whereas your inexperienced card utility is pending.
- Interview: USCIS will schedule an interview with each you and your U.S. citizen partner. The aim of the interview is to evaluate the legitimacy of your marriage and your eligibility for a inexperienced card.
- Conditional Inexperienced Card (If Married Much less Than 2 Years): In case you’ve been married for lower than 2 years on the time your inexperienced card is authorised, you’ll obtain a conditional inexperienced card, which is legitimate for 2 years.
- Eradicating Situations (If Relevant): In case you initially obtain a conditional inexperienced card, you’ll have to file Type I-751 to take away the circumstances inside the 90-day interval earlier than your conditional inexperienced card expires.
- Everlasting Inexperienced Card: When you’ve got a bona fide marriage and meet the necessities, you’ll obtain a everlasting (10-year) inexperienced card.
- Citizenship (Non-obligatory): After holding your inexperienced card for at the very least 5 years (or 3 years if married to a U.S. citizen), you possibly can apply for U.S. citizenship for those who meet the eligibility standards.
What paperwork are required for change of standing from B-1/B-2 visa to marriage inexperienced card?
To alter your standing from a B-1/B-2 to a wedding inexperienced card (Lawful Everlasting Resident standing) in america, you have to to offer a wide range of paperwork to determine your eligibility and help your utility. Here’s a checklist of key paperwork sometimes required:
- Type I-130, Petition for Alien Relative: This type is filed by your U.S. citizen partner to determine the qualifying relationship between you because the intending immigrant and your partner because the U.S. citizen petitioner.
- Type I-485, Utility to Register Everlasting Residence or Regulate Standing: That is the first utility kind for adjusting your standing to that of a everlasting resident. You’ll need to finish this manner and submit it with the required supporting paperwork and charges.
- Marriage Certificates: You’ll need to offer a duplicate of your official marriage certificates as proof of your authorized marriage to a U.S. citizen.
- Passport and Visa: Copies of your passport, together with the biographical web page, and your B-1/B-2 visa.
- I-94 Arrival/Departure Report: A duplicate of your most up-to-date I-94 arrival/departure file, which might be printed from the U.S. Customs and Border Safety (CBP) web site.
- Pictures: Latest passport-sized pictures as per the specs outlined within the I-485 directions.
- Type I-864, Affidavit of Help: Your U.S. citizen partner should full and submit this manner to exhibit their monetary skill to help you because the intending immigrant.
- Monetary Paperwork: Your U.S. citizen partner might want to present supporting monetary paperwork, corresponding to tax returns, W-2 types, and pay stubs.
- Proof of Authorized Entry: Proof of your authorized entry into america, corresponding to an entry stamp in your passport, an I-94 file, or a visa.
- Type I-539 (Change of Standing Utility): Chances are you’ll have to file Type I-539, Utility to Prolong/Change Nonimmigrant Standing, to request a change of standing from B-1/B-2 to that of an intending immigrant.
- Non-obligatory: Type I-765, Utility for Employment Authorization: If you wish to work whereas your inexperienced card utility is pending, you possibly can file this manner.
- Non-obligatory: Type I-131, Utility for Journey Doc: In case you want to journey outdoors the U.S. whereas your inexperienced card utility is pending, you possibly can file this manner.
- Medical Examination Report (Type I-693): You’ll need to bear a medical examination by a USCIS-approved civil surgeon and supply the finished Type I-693 along with your utility.
- Proof of Bona Fide Marriage: Numerous paperwork to show the legitimacy of your marriage, corresponding to pictures, joint monetary accounts, lease agreements, and every other related proof.
- Proof of Cost: A duplicate of the receipt for the submitting payment (if paying by examine or cash order).
- Different Supporting Paperwork: Any extra paperwork which might be related to your particular case and can assist set up your eligibility for a marriage-based inexperienced card.
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