Other Employment-Based Greencard/I-140 General Issues
Does it matter if my fiancé and I are married at the time I submit my employment-based visa application?
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Does it matter if my fiancé and I are married at the time I submit my employment-based visa application?
Yes.
If you are married at the time you submit your I-485, then your spouse is eligible as a derivative beneficiary and you can receive your green cards at the same time.
If you are married after you submit your I-485, but while the application is pending, then there is a chance that he/she can still be added as a derivative beneficiary, but this is not advisable if you can control when you are getting married.
If you get married after you get your green card, then your spouse can go through the family-based immigration process; however, this can take several years.
Therefore, the quickest and most efficient way for a fiancé to obtain a green card is by marrying prior to submission of the I-485.
