If my brother is thinking of getting married to a non-citizen on a student visa, will it jeopardize his green card?

Prior to them committing to any dates, I wanted to make sure that it would not jeopardize his chance of getting a green card? Is there a rule that would prevent him from getting it as my mom filed for him as a single? Also, let’s say once he gets his green card, could he apply for one for his wife then?

Asked on June 5, 2014 under Immigration Law, Virginia


SB Member California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If he gets married before he gets his green card, the petition that your mother filed on his behalf would be terminated.  He is not able to add his spouse to the petition if he is being petitioned by a green card parent.  Once he gets his green card, he can get married and petition for his wife as a F-2A preference category petition.

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