Can I get married after the I-140 is approved to include my spouse?

When embarking on an immigration process, it is common to have questions regarding the inclusion of family members and changes in marital status during the process. In the case of the EB-1 and an approved I-140, United States law permits changes such as marriage, provided that they are properly communicated and documented so that your spouse can be included as a derivative beneficiary in the green card process.

It is possible to get married after the I-140 approval and add the spouse in the next stage of the process, whether it be adjustment of status (when the beneficiary is already in the United States) or consular processing (when the beneficiary is still outside the United States). However, it is important to note that the marriage must have occurred before the final completion of the immigration process, that is, before the green card is issued. In this way, the spouse can be included as a derivative beneficiary, provided that the marriage is proven to be valid and in good faith.

In this regard, some points deserve special attention:
1. Updating Information: Once the change in marital status occurs, it is essential to update your case with the United States Citizenship and Immigration Services (USCIS) or the consulate responsible for your processing, submitting documents that prove the marriage, such as the marriage certificate and evidence of a legitimate relationship, according to what the authorities require.
2. Additional Documentation: When including the spouse in the process, documents attesting to the authenticity of the marriage will be required. This may include additional proof such as photos, joint accounts, statements from friends and family, among others, to demonstrate that the relationship is genuine.
3. Strict Compliance with Immigration Laws: Each step of the process must be followed according to current laws and regulations. It is vital to pay attention to deadlines and specific requirements, avoiding that a lack of updates or incomplete documentation compromise your case.

Always remember the importance of strictly following United States immigration law and obtaining information from reliable sources. Considering a consultation with immigration professionals can help clarify specific doubts and better understand the procedures involved, always exercising caution to avoid misleading information or promises of miraculous results.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.