MARRIAGE BASED GREEN CARD
The Law Office of Brian T. O’Neill can counsel you and your spouse through the Marriage Based
Stages of the Green Card process.
Lawful Permanent Residents who got married before obtaining a green Card are not required
to file an Immigrant Family Petition on behalf of their spouse (or any children born before
becoming a Lawful Permanent resident). A spouse and eligible children of a lawful Permanent
resident in this category may apply for a green card without having an approved Immigrant
Petition. This Process is known as ‘accompanying’ or ‘following to join.’ Lawful Permanent
Residnets who have adjusted to Lawful permanent Resident status in the USA must file for an
Action on a previously Approved Petition in order to Notify the US Consulate that the foreign
national spouse will ‘accompany’ or ‘follow to join’.
Lawful Permanent Residents who got married after obtaining a green card must file an
immigrant visa petition on behalf of their spouse in order to provide sponsorship for lawful
permanent residency (i.e. green card status).
Before the spouse of a Lawful Permanent Resident in this category can apply for the ‘Green
Card”, 2 things must occur: First, the Immigrant Visa petition for immediate relative spouse
must have been approved. Second, the foreign spouse priority date or immigrant visa
preference number, is how long you may need to wait for a Priority Date to become currently
available to file for the green card. Does your spouse already have an approved immigrant visa
petition?
Call the Law office of Brian T. O’Neill at 617-722-4000 or contact us online. We will gladly answer your questions or schedule a consultation.
