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 Residents 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.

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