If 2 people from2 different countries both under temporary visa want to get married in the US, what are the implications to apply for green card?

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If 2 people from2 different countries both under temporary visa want to get married in the US, what are the implications to apply for green card?

How does that works? Is it better to wait to get married after applying for the green card or it can be an advantage to apply as a married couple?

Asked on October 23, 2011 under Immigration Law, North Carolina

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

It really depends on what basis you plan to apply for green cards.  If it is through one of your employers, it is, of course, better for you to be married so that both of you can benefit from the green card application.  You don't need to be married at the time the employer starts the process on your or your partner's behalf but you would want to be married by the time you can file the final stage of the process--the adjustment of status to permanent residence.  If you already have a pending family-based petition, it may or may not be better to be married, depending on which family-based category it is.  You need to provide more detailed information in order to get a more accurate response that pertains to your specific situation.


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