Will a change in my marital status affect my green card application? 6 Answers as of January 24, 2011

My Brother is a US Citizen and assisted me in applying for a green card back in Feb 2002 which has been approved. He just received a letter asking for proof that he is able to support me while I move. I am planning to get married soon but I’m afraid that it will affect my application. Will a change in my marital status affect my green card application?

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Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
You are in the FB-4 category which allows derivatives (spouse and unmarried minor children) to also be included in the same green card application. Depending on how many people are immigrating at the same time your brother as the Petitioner will need to show that he can support you all or obtain a co-sponsor to demonstrate you or you and your spouse will not be a public charge if a green card is granted to you.

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Answer Applies to: California
Replied: 1/24/2011
Law Office of Baoqin Wang
Law Office of Baoqin Wang | Baoqin Wang
No. Actually if you get married before you get your green card, your spouse can also immigrant with you as your dependent.
Answer Applies to: Oregon
Replied: 1/17/2011
JCS Immigration & Visa Law Office
JCS Immigration & Visa Law Office | Jack C. Sung
Getting married will not impact your green card application. In fact, your husband will be able to go with you to the United States after your green card is approved. I recommend getting married before getting the visa to minimize complications for your husband's immigrant visa.
Answer Applies to: California
Replied: 1/17/2011
Fletcher, Tilton & Whipple, PC
Fletcher, Tilton & Whipple, PC | Kirk A. Carter
No. You are in the fourth preference category which is for brothers and sisters of US citizens. It doesn't matter what their marital status is. So changing your marital status will not disqualify you from this category or put you in a longer line. In fact your new wife will be eligible to be processed for a green card with you. The only effect will be that your brother will need to show an ability to support both you and your new wife, assuming that she also plans on coming to the US, which I assume she does. If your brother can't meet the financial support requirement, you can use a back up sponsor to meet the support requirement. This individual would be jointly responsible with your brother to support you and your new wife and keep you both from requiring government financial assistance here in the US.
Answer Applies to: Massachusetts
Replied: 1/17/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
The change in your marital status will not affect the petition from for you by your brother or your Green Card application. However, assuming your wife would be immigrating with you, then the amount of income your brother needs to make to meet the I-864 requirements will be higher. Please note that if you marry your wife AFTER you receive your Green Card it will take more than 5 years for her to immigration to the U.S. If you married BEFORE you obtain your Green Card or immigrant visa she will be able to immigrant to the U.S. with you.
Answer Applies to: California
Replied: 1/17/2011
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