Yna C.
Apr 15, 2022
hypothetical question: marriage
Hypothetical question since I am not married yet,
if I get married while my I-485 is being processed, can I still add my would be-newly married spouse to the application?
I just learned that applying for spouse after I become a permanent resident takes a significantly longer time than before I become one. (The answer might impact when we decide to get married). thank you!
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l dApr 15, 2022
Yes, as long as you are married before your I485 is approved, you can file a 485 for your spouse.
l dApr 15, 2022
Note that this only applies if your category is EB (and maybe a few others, but not all). Your spouse will file in the same category and will get your priority date.
Yna C.Apr 16, 2022
thank you!! :) yes i’m EB-3. we were talking about getting engaged next year but if it turns out i can still add him under my i-140 and get it faster than if we file after I get my green card then I thought it may be worth considering getting married early.
l dApr 16, 2022
You won't need to change your i140 or i485 if it has already been filed. Your spouse will just need to file their own i485 and mention you as a dependent.
Yna C.Apr 29, 2022
thank you! does it matter if my spouse will have a non-immigrant visa and non-dual intent status at time of filing? (F-1)
l dApr 30, 2022
Doesn't matter, your spouse can have non immigrant visa and non dual intent at the time of filing. The standard caveats apply though, they won't be able to travel until they get their AP and won't be able to work if their OPT expires and their c9 EAD isn't approved.
