Can I marry after the I-360 approval and include my spouse?

The EB-4 visa is intended for certain special immigrant groups, and the process generally involves the approval of Form I-360, which establishes the eligibility of the principal beneficiary. A common question concerns the possibility of marrying after the approval of the I-360 and subsequently including the spouse in the process.

In general, the timing of the marriage can impact the progress of the immigration application. If the principal beneficiary marries after the I-360 approval, the spouse may not be automatically included in that same process, as Form I-360 and other initial steps usually require dependents (spouse and children) to be declared from the beginning.

However, if the marriage occurs before the last stage of the immigration process – such as when applying for the immigrant visa or adjustment of status – there is the possibility of including the new spouse as a dependent, provided the appropriate measures are taken with the Department of State or USCIS. This may include submitting petitions or additional documents to prove the validity of the marriage and the spouse’s eligibility for the derivative benefit.

It is essential to maintain consistency and transparency in all information provided during the process. Changes in family status, such as a new marriage, must be communicated to the competent authorities within the stipulated deadlines to avoid future complications.

Moreover, each case may have particularities that influence how these changes are handled, so attention to detail is crucial. It is always important to comply with U.S. immigration laws and seek guidance from reliable and specialized sources. Being cautious of scams and marketing campaigns promising easy solutions can prevent long-term troubles.

Although the information presented here is general in nature, consulting a qualified professional or specialized institution can be fundamental to guide the next steps of your immigration process safely and in accordance with current regulations.

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.