What happens to my US visa if I get married?

Marriage and US Visa Status for B-1/B-2 Visa Holders

For individuals holding a B-1/B-2 visa (visitor visa), marriage to a US citizen or green card holder has a significant impact on their immigration status.

Impact on Visitor Visa

Upon marriage, the B-1/B-2 visa remains valid until its expiration date. However, it is important to note that this visa is not a valid pathway to permanent residency in the United States.

Pathway to Permanent Residency

To obtain permanent residency through marriage, a separate application must be made for a marriage-based green card. This application, known as Form I-130, Petition for Alien Relative, is filed on behalf of the foreign spouse by the US citizen or green card holder.

Process for Permanent Residency

The process for obtaining a marriage-based green card involves:

• Filing Form I-130, which includes supporting documents such as marriage certificate, proof of US citizenship/green card status, and evidence of financial support.
• Attending an interview with an immigration officer, who will review the application and conduct checks to verify its authenticity.
• If approved, the foreign spouse will receive a conditional green card, which is valid for two years.
• After two years, the conditional green card can be removed by filing Form I-751, Petition to Remove the Conditions on Residence.

Important Considerations

• Marriage for the sole purpose of obtaining a green card is illegal and could result in penalties, including deportation.
• The marriage-based green card process can be lengthy and complex. It is recommended to seek professional legal advice to ensure a smooth and successful application.
• It is crucial to maintain the visitor visa status by not engaging in unauthorized employment or overstaying the permitted duration of the visa during the marriage-based green card application process.