Q: Can I add spouse after applied IVP? The IVP is still pending
My fiancé applied for eb2 niw and the I-140 has been approved. Although he is in the United States, he submitted an Immigration visa proceeding (ivp) application through Consular in December 2023. We plan to get married in the United States in the next few months. Since we Coming from different countries, I would like to know what form should I submit to apply for a green card after getting married, or can I only wait for his ivp application to be successful before I can submit a green card application?
A:
If your fiancé has an approved I-140 under the EB-2 NIW (National Interest Waiver) category and has filed for an Immigration Visa Proceeding (IVP) through consular processing, there are options for you to apply for a green card after getting married.
Once you are married, you can be added as a derivative beneficiary to your spouse’s existing immigration process. This means you can obtain a green card as the spouse of an EB-2 NIW applicant. The specific form you would need to submit is the DS-260 (Online Immigrant Visa Application) if you are pursuing consular processing. This form is for individuals who are outside the United States and applying for an immigrant visa.
If both of you are in the United States when you get married, your spouse can choose to adjust the status to permanent residency by filing Form I-485 (Application to Register Permanent Residence or Adjust Status). As a spouse, you would also file a separate Form I-485 to adjust your status to that of a lawful permanent resident.
It’s important to ensure that your marriage takes place before your fiancé’s immigrant visa or green card is granted. This way, you can be included in the process as a derivative beneficiary.
Given the complexities of immigration law, especially in cases involving different countries and marital status changes, it might be beneficial to consult with an immigration attorney. They can provide tailored guidance based on your specific situation and help ensure that all necessary steps are taken correctly.
A: A bit more information is needed. From what I understand, if your fiancé has already applied for an immigrant visa as an unmarried individual and is undergoing consular processing, after your marriage to him, he may as a permanent resident, file an I-130 petition on your behalf as the spouse of a permanent resident.
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