BD V
Apr 21, 2026
Derivative beneficiary
Hi everyone
I have a quick question. My priority date has just become current, and I recently got married. My spouse is currently abroad. Is it possible to add her as a derivative beneficiary to my pending green card application, or do I need to wait until my green card is approved and then start her process separately?
Thank you
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S stApr 21, 2026
She has to be here in US. Then only you can add her.
al sApr 21, 2026
my lawyer said to me I need my green card approved and after start my husband process.
Manifest LawApr 27, 2026
Yes, under the regulations you may add a spouse as a derivative beneficiary only if the marriage existed before the principal applicant becomes a lawful permanent resident (i.e., before approval of the green card). If your adjustment of status or immigrant visa process is still pending and your priority date is current, you may be able to notify USCIS or the National Visa Center to add your spouse as a derivative, depending on whether you are in AOS or consular processing, provided the marriage is properly documented and the case is still open.
If you have any other questions, feel free to ask them in our next Lawfully office hours session!
- Attorney MaryJoy Chuba
(All information shared here is for general educational purposes only. It does not constitute legal advice or create an attorney - client relationship. Your situation may require fact-specific guidance. For personalized legal advice, please consult an immigration attorney directly.)
BD VApr 27, 2026
@Manifest Law Thank you for your words. yes My PD just got current, and I got married last. spouse is abroad and wanted to add her as derivative beneficiary.
