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Does launching Green Card process hamper H4 visa eligibility of wife if I get married after Green Card application is launched?

Minneapolis, MN |

I am currently on H1B. My Green Card process is about to be launched in the next 2 months.I plan to get married in the next 6 months and my future wife stays in my native country.I want to bring her here right away after marriage.My questions are 1)Because my green card application would already be launched before marriage, would it affect her H4 visa eligibility? 2)At what stage I can include my future wife in the Green Card Process.Ideally I would like to apply for her Green Card too once she gets in the US on H4.

My Green Card process is about to be launched in the next 2 months-By this I mean currently work is being done to apply for the labor certification process which I believe is the first step in the Green Card application process.

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Attorney answers 3


I have never heard the word 'launched' used in the immigration context.

Are you talking about 'launching' the PERM?
"Launching" the I-140? Or, perhaps
"Launching the I-485"?

Last, and most important, what did the company's immigration lawyer say when you asked him/her these questions?

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

Alexander Joseph Segal

Alexander Joseph Segal


English language is a living and breathing ever developing body and includes the linguistic inspirations of the newcomers to it.


GC process with not hamper her chances of acquiring H-4 visa. As long as the marriage takes place before the green card comes through, she will be eligible as a derivative. You cannot apply for green card until the priority date is current and so if the process has not even started, there is no reason visiting this issue at this time.

This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. You are encouraged to seek independent and private counseling for a complete review of your case.


No it does not "hamper" anything unless the H1 and the green card husbands are two different people.

The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.