Table of Contents
What is an H-1B Visa?
Transitioning to a Marriage Green Card
Eligibility
Application Process
Interview and Approval
Key Aspects To Consider
Conclusion
Transitioning from an H-1B visa to a marriage-based green card is a significant milestone for many immigrants in the United States. While the H-1B visa offers temporary employment authorization, obtaining a marriage green card provides a pathway to permanent residency and eventual citizenship.
In this blog, we’ll explore the process of transitioning from an H-1B visa to a marriage green card, including eligibility requirements, application procedures, and key considerations for a successful H-1B to marriage green card transition.
What is an H-1B Visa?
The H-1B visa is a non-immigrant visa category that allows U.S. employers to temporarily employ foreign workers in specialty occupations. It is typically valid for an initial period of three years, with the possibility of extension for up to six years in total. H-1B visa holders are authorized to work for the sponsoring employer and may pursue permanent residency (green card) through employment-based sponsorship or other pathways.
Transitioning to a Marriage Green Card
For individuals married to U.S. citizens or lawful permanent residents (green card holders), obtaining a marriage-based green card (Form I-130, Petition for Alien Relative, and Form I-485, Application to Register Permanent Residence or Adjust Status) offers a pathway to permanent residency in the United States. Here’s an overview of the process:
Eligibility
- The H-1B visa holder must be legally married to a U.S. citizen or lawful permanent resident spouse.
- Both spouses must intend to establish a bona fide marital relationship, meaning the marriage is entered into for genuine reasons and not solely for immigration benefits.
- The U.S. citizen or lawful permanent resident spouse must meet certain income requirements to sponsor the H-1B visa holder for a green card.
Application Process
- The first step is for the U.S. citizen or lawful permanent resident spouse to file Form I-130 (Petition for Alien Relative) with USCIS to establish the relationship.
- Once the Form I-130 is approved, the H-1B visa holder can file Form I-485 (Application to Register Permanent Residence or Adjust Status) to apply for a marriage-based green card.
- The H-1B visa holder may also concurrently file Form I-765 (Application for Employment Authorization) and Form I-131 (Application for Travel Document) to obtain work authorization and travel permission while the green card application is pending.
Interview and Approval
- USCIS will schedule an interview for the H-1B visa holder and their spouse to assess the validity of the marriage and eligibility for a green card.
- If the interview goes well and all eligibility criteria are met, USCIS will approve the green card application, granting the H-1B visa holder permanent residency in the United States.
Key Aspects To Consider
Let’s take a look at the key aspects so that you are prepared for a successful transition.
Timing: It’s important to plan ahead and initiate the green card application process well in advance of the H-1B visa expiration date or other critical deadlines.
Legal Compliance: Both spouses must ensure strict compliance with all applicable immigration laws, regulations, and filing requirements throughout the green card application process.
Documentation: Gather all required supporting documents, such as marriage certificates, birth certificates, passport photos, and evidence of bona fide marriage, to include with the green card application.
Conclusion
Transitioning from an H-1B visa to a marriage-based green card offers a pathway to permanent residency and stability in the United States. By understanding the eligibility requirements, application procedures, and key considerations involved in this process, couples can navigate the transition successfully and build a future together in the United States.
You can also use our AI-enabled immigration software to build error-free petitions in a few hours. The software lets you analyze built petitions and makes recommendations to improve its chances of visa approval.
If you’re considering L1 to H1B conversion or seeking guidance on the process, contact us at sales@imagility.co. We will provide invaluable insights and assistance throughout the application process, ensuring a smoother and more successful visa journey.
