Can I get married after my I-140 is approved and add my spouse?

Yes, it is possible. Getting married after the I-140 is approved does not prevent you from including your spouse in the process: under the EB-1 category, a husband or wife may enter as a derivative beneficiary at the next stage, either through adjustment of status (when the beneficiary is already in the United States) or through consular processing (when abroad).

The key factor is the timing and nature of the marriage. It must be a genuine, good-faith union and must have taken place before the final conclusion of the process. From that point on, the spouse is added as a derivative, upon proper documentation.

• Notify the USCIS or the consulate responsible for your case of the change in marital status.
• Gather the marriage certificate and evidence that the relationship is legitimate.
• The marriage must predate the conclusion of the process for the spouse to qualify as a derivative beneficiary.

Since each case has its own specific evidentiary and procedural requirements, it is worth reviewing the current USCIS requirements and, if possible, consulting an immigration professional before proceeding with the inclusion of your spouse.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.