Does marriage before or after the green card make a difference?

bob808

New Member
I am currently on an H1-B visa and am going through the Green Card process. I expect to complete this process in about a year. My fiancée is also here on a (non-immigration) TN-1 visa and I would like to avoid any delays in getting her the Family-Based Green Card (through marriage once we get married).

I am curious if there will be any difference on either of the Green Card timelines/processes between the two possible cases:
(a) get married in the near future before I get my Green card
(b) get married after I acquire my Green Card

Will getting married before I get my Green Card impact the timeline for me to get my actual one? Also, does it matter when we get married before I get my Green Card, as long as it's technically before (e.g. get married 6 months before I get the Green Card, versus 1 month before)? Any guidance is appreciated!

- Roberto
 
You are the principal beneficiary immigrating in an employment-based category, right? Getting married should not affect your green card process. Getting married before you become a permanent resident will allow your spouse to immigrate as your derivative beneficiary, whereas if you marry after becoming a permanent resident, you would have to petition your spouse to immigrate as the spouse of a permanent resident. It doesn't matter how long before you become a permanent resident that you get married -- it could be 1 day before, and it would be the same. (Although you don't want to cut it too close, as you don't know the exact date you become a permanent resident until after the fact, since you only know the I-485 approval date when you get the approval notice many days later.) Your spouse doesn't need to file I-485 before you get your green card -- it's the marriage that needs to be before, and she can file I-485 after you get your green card.

Her immigrating as your derivative beneficiary has the following advantages:
* You wouldn't have to file an I-130 petition for her, whereas if you petition her as the spouse of a permanent resident, you have to file an I-130 (which costs $575)
* You wouldn't have to file an I-864 Affidavit of Support for her, whereas if you are a family-based petitioner, you would have to file I-864 (where you have to show a sufficient income, and be obligated to supplement her income to 125% of poverty level, even if you divorce)
* She would directly become a non-conditional permanent resident, whereas if you petitioned her as a spouse, and she gets her green card within 2 years of the marriage, she would become a conditional permanent resident, and have to file for Removal of Conditions (which costs $680 and requires preparing evidence of bona fide marriage again) 2 years after that.
 
Thank you so much for this information. Based on what you've said, it sounds like getting married before my green card would significantly decrease the wait time for her to get her green card. Is this a safe assumption, since there are fewer steps to be processed?
 
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