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Applying Permanent Residency status to the spouse.
- Thread starter jok_07089
- Start date
When a foreign national marries a U.S. permanent resident, he or she is considered as a close relative of the U.S. permanent resident. There are numerical limitations to this family-based category, and the U.S. permanent resident spouse (husband or wife) in the U.S. can file an application for permanent residence for the foreign spouse with USCIS, once the marriage has taken place. The applicant will be required to demonstrate to USCIS that the marriage was entered into good faith, and not solely for the purpose of securing immigration benefits for the foreign national.
A lawful permanent resident is a foreign national who has been granted the privilege of permanently living and working in the United States. If a foreign spouse wants to become a lawful permanent resident based on the fact that he or she married a U.S. permanent resident, the USCIS will approve an immigrant visa petition. This petition is filed by the U.S. permanent resident spouse and must be accompanied by proof of the marriage relationship.
Please see http://www.greencardfamily.com/residentspouse/prspouse_whatis.htm
A lawful permanent resident is a foreign national who has been granted the privilege of permanently living and working in the United States. If a foreign spouse wants to become a lawful permanent resident based on the fact that he or she married a U.S. permanent resident, the USCIS will approve an immigrant visa petition. This petition is filed by the U.S. permanent resident spouse and must be accompanied by proof of the marriage relationship.
Please see http://www.greencardfamily.com/residentspouse/prspouse_whatis.htm
Jackolantern
Registered Users (C)
If they got married before the GC approval, in most cases the spouse can get a derivative GC. Provide more specific information so we can help you figure out the spouse's eligibility ... is your GC employment-based, family-based, or asylum? If it was family-based, which relative was the sponsor and is that relative a US citizen? What is your priority date? If it was employment-based, was it EB1, EB2, EB3, EB4, or EB5?When two immigrants get married and one of them is having a GC, can this permanent residency status be applied to his new spouse somehow?
Dear Jackolantern
Let my clarify my situation.
My I-140 was approved in 2005. In 2006 my company was acquired by another company. The new company filed I-485 on August, 2007. In August, 2009 I received RFE and my new company filed I-140 Amendment petition, which is pending now. My H1B will be expired in April, 2010. I just received EAD. My priority date is September 2005, EB31 category.
I want to marry with the GC holder(not citizen yet). He got GC in 2007 employment-based, EB2. If we marry will it help me to get GC somehow?
Let my clarify my situation.
My I-140 was approved in 2005. In 2006 my company was acquired by another company. The new company filed I-485 on August, 2007. In August, 2009 I received RFE and my new company filed I-140 Amendment petition, which is pending now. My H1B will be expired in April, 2010. I just received EAD. My priority date is September 2005, EB31 category.
I want to marry with the GC holder(not citizen yet). He got GC in 2007 employment-based, EB2. If we marry will it help me to get GC somehow?