Memphis immigration lawyer Ari Sauer provides news and information on US immigration law.
QUESTION: If my fiance’s green card is being sponsored by his employer, and is in the final stages of being processed, can I receive a green card along with him if we get married?
THE IMMIGRATION ANSWER MAN – ARI SAUER: In order for a foreign national to be eligible to obtain a green card as a derivative beneficiary of their spouse, they must be married before the primary beneficiary (in this case the employee) becomes a Permanent Resident. So if the marriage takes place before the I-485 Application for Adjustment of Status is approved then the person would be eligible to receive a green card as a derivative beneficiary of their spouse, as long as they are otherwise eligible.
However, if the marriage takes place after the I-485 Application for Adjustment of Status is approved then the person would not be eligible to receive a green card as a derivative beneficiary of their spouse. In that case the Permanent Resident spouse would have to file a family based immigrant petition for the foreign national under the F-2A category. Under the F2A category it could take several years for a visa to become available for this petition.
It should be noted that the situation varies if the primary beneficiary is being sponsored by a family member instead of an employer, as some family base categories do not allow derivative beneficiaries and marrying could also change the preference category or even cause the petition to become revoked. An immigration lawyer should be consulted before marrying in such situations.
If you would like my assistance with this process or you would like to discuss this or other issues further, you can schedule a consultation with me by calling 1-800-343-4890 or 901-682-6455 or by clicking here to
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* This is an advertisement. Attorney Ari Sauer is an immigration lawyer with the Memphis, Tennessee office of the Siskind Susser law firm. www.visalaw.com/ari.html. On this blog we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of New York and New Jersey. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed. Standard consultation fees apply when scheduling a consultation appointment with Ari Sauer or another attorney at Siskind Susser.