My Adjustment of Status 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 of Status application is approved prior to your marriage, your spouse will not be able to immediately immigrate to the U.S. 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 of Status application being approved for your spouse to be eligible to obtain a green card with you.

Click here to schedule a Consultation