The processing time to change status from B-1/B-2 visitor visa to a marriage-based green card (adjustment of status) can vary depending on various factors, including the USCIS workload, the service center processing your application, your individual circumstances, and any backlogs in visa numbers for your country of origin (if applicable).
As of my last knowledge update in September 2021, USCIS provided estimated processing times on its website for each type of application and form. However, keep in mind that these times were subject to change, and it’s always best to check the most current processing times directly from the USCIS website.
On average, the process could take several months to a year or more. Here’s a rough breakdown of the timeline:
Form I-130 Processing: The processing time for Form I-130 (Petition for Alien Relative), filed by your U.S. citizen spouse, can take around 6 to 12 months. This processing time depends on the USCIS service center handling the petition.
Form I-485 Processing: The processing time for Form I-485 (Application to Register Permanent Residence or Adjust Status) can also take around 6 to 12 months or more, depending on the service center.
Biometrics Appointment: After you file Form I-485, you will receive a notice for a biometrics appointment within a few weeks. The biometrics appointment is typically scheduled within 1 to 2 months from the application filing date.
Interview (if applicable): USCIS may schedule an interview for you and your spouse to verify the validity of your marriage and eligibility for a green card. The interview may be scheduled within 4 to 12 months after filing, depending on the workload and USCIS policies.
Decision: After the interview (if applicable) or after completing the processing of your application, USCIS will make a decision on your green card application. If approved, you will receive your green card in the mail within a few weeks.
Please keep in mind that these timelines are approximate and can vary significantly based on individual circumstances and external factors. Processing times can also change due to shifts in USCIS workload and policy changes.
To get the most accurate and up-to-date information on processing times, visit the USCIS website and navigate to the “Check Case Processing Times” page. Enter the appropriate form number (e.g., I-130, I-485) and the USCIS service center processing your application to see the current estimated processing time.
When changing status from B-1/B-2 visitor visa to a marriage-based green card (adjustment of status), you will need to submit a comprehensive set of documents to demonstrate your eligibility and establish the legitimacy of your marriage. Here are the essential documents you will typically need to include with your application:
Form I-485, Application to Register Permanent Residence or Adjust Status: This is the main form used to apply for adjustment of status.
Form I-130, Petition for Alien Relative: This form must be filed by your U.S. citizen spouse to establish the relationship and petition for you as the spouse of a U.S. citizen.
Marriage Certificate: A certified copy of your marriage certificate as proof of your marriage to a U.S. citizen.
Passport: A copy of the biographical page of your passport showing your identity and admission stamp.
Visa Status Documentation: Copies of your B-1/B-2 visa and your I-94 Arrival/Departure Record to prove your legal entry to the U.S.
Photos: Passport-style photos meeting USCIS specifications.
Proof of Bona Fide Marriage: Documentation showing that your marriage is genuine and not entered into solely for immigration benefits. This can include joint financial documents, joint property ownership, lease or mortgage agreement, joint utility bills, and other evidence of shared life together.
Affidavit of Support (Form I-864): This form must be filed by your U.S. citizen spouse to demonstrate they can financially support you.
Employment Authorization (Optional): If you want to work while your green card application is pending, you can file Form I-765, Application for Employment Authorization, along with your adjustment of status application.
Advance Parole (Optional): If you want to travel outside the U.S. while your green card application is pending, you can file Form I-131, Application for Travel Document, for Advance Parole.
Civil Documents: Documents such as birth certificates, divorce decrees (if applicable), and police clearance certificates from countries where you lived for more than six months since the age of 16.
Fee Payment: Include the required fees for the forms and services.
Please note that this list is not exhaustive, and additional documents or evidence may be required based on your specific situation. It’s crucial to thoroughly review the USCIS instructions for each form you are submitting and to ensure that all documents are accurate, properly prepared, and translated into English if necessary.
As the immigration laws and requirements can change, always refer to the official USCIS website for the most up-to-date information and forms. Additionally, consulting with an immigration attorney can help ensure that you are providing the correct documentation and increase your chances of a successful green card application.
