Green Card Forum

Question:

I am currently on my OPT. I have a girlfriend with whom I am going to get married in the next couple months.

She has already applied for her Green Card. Her PERM process was just submitted last week.

I am currently working under the OPT with a company but have no H-1B yet.

If I get married to my girlfriend before she gets her Green Card, can she put me on her application as her spouse? Or would we have to wait till she gets her Green Card first?

Answer:

OPT? PERM process?? Huh?

Your question doesn't seem to be related to marriage-based visas, so you'll probably be better off asking in the US Visas (http://britishexpats.com/forum/forumdisplay.php?s=&daysprune=- 1&f=31) and/or US Immigration (http://britishexpats.com/forum/forumdisplay.php?s=&daysprune=- 1&f=34) forum(s).

For goodness sake don't wait till she gets her green card - then it will be too late as dependents of LPRs face years of waiting. I realise you'd have your H1b, but I expect you would prefer to be a LPR...

AFAIK, until her AOS is approved, you could apply as a dependent - but of course you have to get married first.

So you might want to bring your wedding forward and get the paperwork sorted asap.

Although technically you are correct, his immigration would be based in large part on his marriage.

If you are validly married bofore the FINAL ADJUSTMENT [or she ENTERS on an Immigrant Visa], you will be entitled to classification as an "accompanying or following to join" and have derivative entitlement to the same status.

I am NOT address the issues of maintanence of status here and any other of the myriad issues applicable in your case. I may be a lawyer but I'm not YOUR lawyer -- so the above statement is limited in scope and is general in nature.

Marry her now and when she adjusts status, you will be eligible for follow-to- join. That means you will be able to adjust status with her. Since she has just started her labor certification process, it seems like you have a ways to go before you get there. Even after the approved LC, unless she belongs to a filling category where her priority date is current, she won't be able to file her I-485 (AOS) rightaway. You will have to maintain status on your own.