What Happens to My Valid B-2 Visa When Applying for a Green Card Through Marriage?

When you apply for a green card through marriage, there are several important changes that affect your current B-2 visa. Here’s a comprehensive guide to understanding what happens to your B-2 visa and how it impacts your travel and immigration status.

Official Requirements for a Green Card Application

The application process for a green card through marriage involves strict requirements. It is crucial to understand the implications of these requirements, particularly regarding your B-2 visa:

You are required to maintain valid status in the United States while your green card application is pending. You are not allowed to leave the country during the processing period unless you receive an advance parole document.

These restrictions are designed to ensure that you do not leave the country during a critical phase of your case and that you remain within the jurisdiction of the immigration court if necessary.

Why Your B-2 Visa Will Be Canceled or Voided

Your B-2 visa is fundamentally a nonimmigrant visa that allows temporary entry into the United States for tourism or visiting a family member. Once you apply for a green card through marriage, the very nature of your visa changes. Your new intent involves the possibility of securing permanent residence in the United States.

Here are the key reasons why your B-2 visa will be canceled or voided:

Change in Intention: The purpose of your current B-2 visa was to visit the United States for a temporary period. However, applying for a green card signals your intent to reside permanently, which fundamentally alters the nature of your visa. Immigration Status: The B-2 visa is for nonimmigrants, while a green card represents permanent residence. These are two distinct and mutually exclusive statuses. Travel Restrictions: The B-2 visa does not allow for trips outside the U.S. once your green card application is pending. Your new status requires you to remain in the U.S. to comply with legal requirements.

Consequences of Not Following the Rules

If you leave the United States while your green card application is pending, it could have serious consequences. The U.S. Citizenship and Immigration Services (USCIS) may automatically cancel your green card application if you are absent from the country during the processing period without an advance parole document.

Leaving the country without approval could also jeopardize your standing with immigration authorities and potentially make it more challenging to resume your application process.

Advance Parole and Travel

Advance parole is an opportunity to travel outside the U.S. during the processing of your green card application. If you need to leave the country for any reason, you must apply for advance parole from USCIS. Here’s what you need to know:

Application Process: Submit an I-131, Application for Travel Document, along with supporting evidence to USCIS. Approval Process: USCIS will review your application and may require additional documentation or interviews. Legal Validity: Once approved, you will receive a travel document that allows you to re-enter the U.S. after your visit.

Conclusion

In summary, your valid B-2 visa will most definitely be canceled or made void when you apply for a green card through marriage. Understanding these changes is crucial to maintaining compliance with U.S. immigration laws and ensuring the successful outcome of your green card application.

For further guidance and support, consult with a qualified immigration attorney who can provide personalized advice based on your unique situation.