Marriage green card: Instant approval after marriage? Not always!

A few days ago, a client came to us very happily, saying that he had just gotten married and believed he should now be able to apply for a marriage-based green card. However, it turned out to be a false joy. We found that his spouse was actually a green card holder, and he himself was born in mainland China, which means his case is subject to a visa waiting period. Therefore, getting married did not mean he could immediately submit the I-485 application.

Hearing this, the client was very disappointed and even wondered whether his marriage was “in vain.” We explained that this was not the case. He could go ahead and submit the I-130 petition now, but he would need to wait until his priority date became current before filing the I-485 adjustment of status application.

So how do we determine whether a priority date is available? There are two sources to check. First, consult the U.S. Department of State Visa Bulletin and look under the F2 category to find the dates applicable to applicants born in China. Second, compare this with the USCIS visa usage chart for the month to see whether USCIS is using the Final Action Dates or the Dates for Filing. Only when the priority date is current can an I-485 application be submitted.

At the same time, we remind applicants that if their priority date is not yet current, they are responsible for maintaining their own lawful immigration status, such as holding valid H-1B, F-1, or other status. Only once the priority date becomes current can the I-485 be filed.

If you also have questions about marriage-based green cards, feel free to reach out to us. Follow Zeng Law Group, PLLC in New York—never be left without a solution. Bye bye.

前几天，有一个客户非常高兴地来咨询，说自己结婚了，认为应该可以申请婚姻绿卡了。但结果却白高兴了一场，因为我们发现他的配偶其实是绿卡持有人，而他本人又是中国大陆出生的，因此属于有排期的类别。这意味着，结婚并不代表他能够马上递交 I-485 的申请。

得知这个情况后，客户非常失望，甚至觉得自己是不是“白结婚了”。我们向他解释，其实不是这样。他现在可以先递交 I-130 的申请，只是需要等到排期到了，才能递交 I-485 的转身份申请。

那么要如何知道自己是否需要排期？我们可以从两个网站查询：第一步是查看美国国务院的签证公告牌（Visa Bulletin），找到 F2 类别对应的排期，并确认中国大陆出生申请人的日期。第二步是对照 USCIS 的排期使用表，查看当月 USCIS 使用的是 Final Action Date 还是 Dates for Filing。只有当排期到达申请人的优先日时，才能递交 I-485 的申请。

同时，我们也提醒大家，如果排期尚未到来，申请人有义务维持自己的合法移民身份，例如保持 H-1B、F-1 或其他身份。只有在排期到达时，才能正式递交 I-485。

如果你也有婚姻绿卡相关的问题，不妨来咨询我们。关注纽约曾晖律师，不再无计可施。拜拜。

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