A Complete Weblog on Shifting Standing from B-1/B-2 to Marriage-Based mostly Inexperienced Card

Altering your standing from a B-1/B-2 visa to a marriage-based green card in the USA includes a number of steps. Here’s a normal information, nevertheless it’s vital to seek the advice of with an immigration legal professional for recommendation tailor-made to your particular state of affairs:

  • Get Married:
    • Guarantee you might be legally married to a U.S. citizen or a lawful everlasting resident.
  • File Type I-130, Petition for Alien Relative:
    • The U.S. citizen or lawful everlasting resident partner should file Type I-130 with U.S. Citizenship and Immigration Companies (USCIS).
    • Embody supporting paperwork akin to proof of the connection, marriage certificates, and proof of the petitioner’s standing.
  • Look ahead to USCIS Approval:
    • As soon as USCIS approves the I-130, will probably be forwarded to the Nationwide Visa Heart (NVC).
  • Select an Immigrant Visa Processing Choice:
    • The sponsoring partner should select both Consular Processing (if the intending immigrant is exterior the U.S.) or Adjustment of Standing (if the intending immigrant is within the U.S.).
  • Consular Processing (if exterior the U.S.):
    • If the intending immigrant is exterior the U.S., they may undergo consular processing at a U.S. embassy or consulate of their dwelling nation.
  • Adjustment of Standing (if contained in the U.S.):
    • If the intending immigrant is within the U.S., they will file Type I-485, Software to Register Everlasting Residence or Regulate Standing, with USCIS.
  • Biometrics Appointment:
    • USCIS will schedule a biometrics appointment for fingerprinting and a background test.
  • Interview:
    • USCIS could schedule an interview to evaluate the validity of the wedding and eligibility for a inexperienced card.
  • Obtain Inexperienced Card:
    • If authorised, the intending immigrant will obtain a conditional or everlasting inexperienced card.

It’s vital to notice that the method can fluctuate, and the knowledge offered here’s a normal overview. Consulting with an immigration legal professional is very really helpful to make sure that you’re following the proper procedures and addressing any particular circumstances you will have. Immigration legal guidelines and procedures are topic to alter, so it’s important to remain up to date on the most recent laws.

What paperwork have to be submitted?

When making use of for a marriage-based inexperienced card, you’ll have to submit a wide range of paperwork to reveal the legitimacy of your marriage and the eligibility of the overseas partner. Right here’s a normal checklist of paperwork; remember the fact that particular necessities could fluctuate, and it’s essential to test the most recent steerage from U.S. Citizenship and Immigration Companies (USCIS) or seek the advice of with an immigration legal professional:

For the U.S. Citizen or Lawful Everlasting Resident Sponsor (Petitioner):

  • Type I-130, Petition for Alien Relative: That is the first type initiating the method.
  • Proof of U.S. Citizenship or Everlasting Residency: Examples embrace a U.S. passport, Certificates of Naturalization, or Inexperienced Card.
  • Proof of the Petitioner’s Identification: A duplicate of a government-issued picture ID, akin to a driver’s license or passport.
  • Proof of the Legitimacy of the Marriage: Paperwork like the wedding certificates, joint checking account statements, joint lease agreements, or different proof of cohabitation.

For the International Partner (Beneficiary):

  • Type DS-260 (for Consular Processing) or Type I-485 (for Adjustment of Standing): The suitable type based mostly on whether or not the overseas partner is exterior or contained in the U.S.
  • Delivery Certificates: A duplicate of the overseas partner’s beginning certificates.
  • Passport: A duplicate of the overseas partner’s passport, together with biographical pages.
  • Type I-693, Report of Medical Examination and Vaccination File: A accomplished and sealed medical examination report performed by a USCIS-approved civil surgeon.
  • Type I-864, Affidavit of Assist: The U.S. citizen or everlasting resident should reveal monetary means to help the overseas partner.
  • Proof of Authorized Entry into the U.S.: This may embrace a replica of the I-94 Arrival/Departure File, visa stamp, or different entry paperwork.
  • Proof of Relationship: Further proof akin to photographs, joint utility payments, joint insurance coverage insurance policies, or some other documentation that helps the authenticity of the conjugal relationship.

For Each Events:

  • Passport-sized Photographs: Latest passport-sized photographs of each the U.S. citizen or everlasting resident sponsor and the overseas partner.
  • Submitting Charges: Embody the required submitting charges with the applying kinds.

It’s vital to totally overview the directions for every type and supply correct and full data. Moreover, USCIS could request further paperwork or proof through the processing of the applying. Working with an immigration legal professional can assist guarantee that you’ve got all the required documentation and improve the possibilities of a profitable utility.

Type I-130 Directions

It’s vital to notice that USCIS kinds and directions could also be up to date, and you must all the time consult with the latest model on the official USCIS web site. Here’s a normal overview of the Type I-130 instructions.

Type I-130, Petition for Alien Relative:

  • Goal of the Type:
    • The I-130 is utilized by U.S. residents or lawful everlasting residents to ascertain the qualifying relationship with sure alien kinfolk who want to immigrate to the USA.
  • Submitting Eligibility:
    • U.S. residents can file for his or her spouses, dad and mom, youngsters (married or single), and siblings.
    • Lawful everlasting residents can file for his or her spouses and single youngsters.
  • Submitting Directions:
    • Full the shape precisely and legibly.
    • Sort or print in black ink.
    • Reply all questions totally. If a query is just not relevant, write “N/A.”
  • Supporting Documentation:
    • Embody all required supporting documentation as proof of the qualifying relationship. This will likely embrace a wedding certificates, beginning certificates, and so forth.
    • Present licensed translations for paperwork not in English.
  • Submitting Payment:
    • Embody the suitable submitting charge with the shape. Verify the USCIS web site for the present charge.
  • Tackle:
    • Mail the finished type and supporting paperwork to the tackle specified within the type directions.
  • G-1145, E-Notification of Software/Petition Acceptance:
    • If you wish to obtain electronic mail or textual content message notifications about your case, you’ll be able to embrace Type G-1145 together with your I-130.
  • Type Directions:
    • Learn the detailed type directions fastidiously earlier than finishing the shape.
    • Take note of particular directions for every a part of the shape.
  • Biographical Info:
    • Embody correct biographical data for each the petitioner and the beneficiary.
  • Verification of Eligibility:
    • Signal and date the shape to certify that the knowledge offered is true and proper to the most effective of your information.
  • Consular Processing or Adjustment of Standing:
    • Point out whether or not the beneficiary might be making use of for an immigrant visa overseas via consular processing or adjusting standing throughout the U.S.
  • Submitting for A number of Beneficiaries:
    • In case you are submitting for a number of beneficiaries, you’ll be able to embrace them on the identical type.

Bear in mind, the directions could change, and it’s essential to consult with the latest model of Type I-130 and its directions on the USCIS web site. When you have any doubts or questions, take into account looking for recommendation from an immigration legal professional to make sure the accuracy and completeness of your utility.

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