My adjustment application is pending and I recently married. Can I add my spouse to the application (i.e. can my spouse file his/her I-485) if my priority date is not current?
No. In order for a dependent to file an adjustment of status application the priority date must be current. If your pending adjustment application is approved prior to your marriage your spouse will not be able to adjust status or follow to join you as a dependent. They will instead fall within the family immigration process and will be subject to other backlogs. It is necessary to marry prior to the adjustment application being approved for your spouse to be eligible to obtain a green card with you.
Related Questions
- My spouse passed away and now I must file as single instead of married. Because a widow or widower still maintains the home, wouldn that be considered head of household for tax purposes?
- My daughter was born abroad after my I-485 status adjustment application approval. Can we use my priority date to apply for her Green Card?
- While adjustment of status application is pending, can I bring my spouse on H4 or L2 if my H1-B or L1 visa continues to be valid?
