There are many persons whose employment based immigration petition is pending that are unmarried
and would like to get married at some point and would like to get their spouse to US
as soon as possible. However, it is very important to plan ahead and take appropriate
steps in order to avoid any delays.
If you get married any time before you become a permanent resident,
you may bring your spouse almost immediately (maximum within 2 to 3 months) as permanent resident to
US. Your spouse can apply for legal permanent residence status using your preference
classification and priority date. However, if you get married after you become permanent
resident, you can only bring your spouse based on
Family Based
Immigration category F2A which may take many years.
You become a permanent resident the day you enter United States with immigrant visa. Until then, you are
not permanent resident, even after you get immigrant visa.
There are several scenarios for getting married while the green card application is pending:
- Marriage before I-140 approval:
Simply add the spouse name in I-140 application. Even if you did not include spouse's name, it is not a problem.
Just follow scenario 2 below.
- Marriage after I-140 approval, but before filing for consular processing:
Include spouse name in DS-2001 as a dependent who will be
accompanying you. Also, complete second DS-230 Part I
(and DS-230 Part II as well, if applicable, depending upon your consulate)
for your spouse. Your spouse will be able to attend the interview along with you.
- Marriage after returning the documents to NVC/consulate, but before the interview:
Consulate may not schedule your spouse's interview along with you. You will attend your interview
as planned. Bring a certified copy of your marriage certificated and completed
DS-230 Part I for your spouse to the interview. Please let the
officer know that you recently got married and ask them to schedule an interview for your spouse.
Interview will be scheduled approximately within 60 days.
You can either wait for your spouse to go through consular processing and get immigrant visa, and
both of you go together, or you can go back to US with your immigrant visa and your spouse can
enter US later as an immigrant once he/she gets immigrant visa.
- Marriage after the immigrant visa interview, but before entering US as an immigrant:
You must get married and register your marriage before you can enter US as an immigrant. If possible,
go to consulate with your immigrant visa, a certified copy of your marriage certificate,
completed DS-230 Part I for your spouse and ask them to
schedule an interview for your spouse.
Interview will be scheduled approximately within 60 days.
If you can't return to the consulate yourself, you should send (by mail or fax) a copy of I-551
(temporary green card stamp) that you will receive when you enter US as an immigrant. Your spouse should
take that copy, certified copy of marriage certificate, form
DS-2001 and
form DS-230 Part I.
Your spouse's interview will be scheduled approximately within 60 days.