Guru Baa
Jul 3, 2025
Eb-3 spouse adding
Do anybody know , My girlfriend wants to get marry with me , Eb-3 , i-485 pending is there any chance she can me to her derivative spouse while the i-485 is pending ?? please I only have few weeks lefts before the visa bul moving !!!please help you and god bless you all
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Ahmed AhJul 3, 2025
@Guru Baa just bear in mind that this can trigger an interview since the marriage will be considered very recent. what is her status first ?
Dragon 9Jul 9, 2025
@Guru Baa Yes, you definitely can. The key is to have the marriage certificate signed before USCIS makes a decision on the principal applicant’s I-485. As long as the marriage certificate is signed before the principal applicant’s I-485 is approved, you remain eligible to file your own I-485 as a derivative applicant at a later date (provided you are currently in the U.S. legally on an unexpired visa) even if the principal’s I-485 has already been approved. I can confirm this is possible because my spouse and I went through the same situation just a few months ago. Both of our I-485 applications (filed separately at almost 1.5 years gap) were approved at the same time without interviews, even though we had been married for less than a year.
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Robin JoJul 17, 2025
@Dragon 9 are you sure this is true? I have a pending i-485 (EB3-professional PD current on FA date as of June25) and want to add my recently married spouse. we are about to prepare the documents through my employer, but was concerned that the timing’s tight. my understanding was that my spouse’s i-485 application has to be submitted before mine’s approved
Dragon 9Jul 19, 2025
@Robin Jo https://www.uscis.gov/policy-manual/volume-7-part-a-chapter-6#:~:text=In%20cases%20of%20derivatives%20following,nonimmigrants%2C%20asylees%2C%20and%20refugees. "In cases of derivatives following-to-join (or AOS), the derivative’s qualifying relationship to the principal applicant must have existed when the principal beneficiary obtained lawful permanent resident status and continue to exist through final adjudication of the derivative’s adjustment application for the derivative applicant to remain eligible."
Dragon 9Jul 19, 2025
@Robin Jo "In cases of derivatives following-to-join (or AOS), the derivative’s qualifying relationship to the principal applicant must have existed when the principal beneficiary obtained lawful permanent resident status and continue to exist through final adjudication of the derivative’s adjustment application for the derivative applicant to remain eligible."

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