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I have an EB2 application via consular processing, got engaged recently. When is the best time for me to get married?

Las Vegas, NV |

I want to be able to be with my future wife when I leave for the US, once the EB2 application gets approved. Which would make this process easier? Getting married prior OR after getting I-140 approval?

Attorney Answers 3

  1. Best answer

    You have to be married before you obtain status in order for your wife to be included. The question is not how long you have been married, but whether you can prove that the marriage is real (and not for immigration purposes), if there are questions at the consulate. For some, that means getting married right away, but if you are trying to arrange a family wedding or there are other concerns, don't be worried about marry "later" so long as you are legally married BEFORE you become a permanent resident.

    This answer provides only general information and may not be relied on as legal advice. For more information about immigration law and policy, please visit or follow us on twitter (@lauralichter) or facebook, www.facebook/lichterimmigration. To find an immigration lawyer in your area, log on to Listed attorneys have been members of the American Immigration Lawyers Association, the nation's premier bar association for immigration lawyers, for at least two years, comply with annual continuing legal education (CLE) requirements and carry malpractice insurance.

  2. Either way will be OK and your future wife will be able to obtain her GC at the same ti,e as you, as long as you two get married prior to you obtaining LPR status. Of course, the sooner you marry, the better.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

  3. Get married immediately.

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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