The time it takes to change status from a B-1/B-2 visitor visa to a marriage-based green card can vary based on several factors, including the processing times of the U.S. Citizenship and Immigration Services (USCIS), the specific circumstances of the case, and any potential delays or complications. However, I can provide a general overview of the process and timeframes involved:
Marriage and Intent: If you entered the U.S. on a B-1/B-2 visa and then decide to marry a U.S. citizen or permanent resident, you need to demonstrate that your initial entry into the U.S. was not with the intention to marry and stay permanently.
Form I-130 Petition: The U.S. citizen or permanent resident spouse needs to file Form I-130, Petition for Alien Relative, on your behalf. This form establishes the qualifying family relationship. USCIS processing times for the I-130 can vary, but they often take several months to a year or more.
Form I-485 Adjustment of Status: Once the I-130 is approved, you can file Form I-485, Application to Register Permanent Residence or Adjust Status. This form is for adjusting your status from a non-immigrant visa holder to a permanent resident (green card holder). USCIS processing times for the I-485 can also vary but usually take several months to over a year.
Biometrics Appointment: As part of the I-485 process, you will be required to attend a biometrics appointment, where your fingerprints, photograph, and signature will be taken.
Work and Travel Authorization: While your I-485 is pending, you can apply for work and travel authorization using Form I-765 and Form I-131 respectively. This allows you to work and travel while your green card application is being processed.
Interview: USCIS may schedule an interview for you and your spouse as part of the green card application process. The interview is meant to verify the authenticity of the marriage and gather additional information.
Security Checks and Processing: USCIS will conduct security checks and background investigations as part of the processing.
Decision: After completing the necessary steps and providing all required documentation, USCIS will make a decision on your green card application.
The total time for the entire process can vary widely, but it often takes around 1 to 3 years from the initial filing of the I-130 to receiving the green card. However, keep in mind that processing times can change, and unexpected delays might occur.
It's crucial to stay up-to-date with USCIS processing times and follow any instructions provided by USCIS during the process. Consulting an immigration attorney can also provide you with personalized guidance and assistance throughout the process.
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