In 2022, the number of South Koreans who received U.S. green cards surged by about 1.5 times for employment-based immigration and 1.3 times for family-sponsored immigration compared to 2021, according to the U.S. State Department’s annual report. You can see that there are still a lot of immigrants who want to become permanent residents of the United States. Typically, the path to permanent residency as we know it is through employment-based immigration or sponsorship by a family member who is a U.S. citizen or permanent resident.
In this column, we’ll discuss how a spouse or child under the age of 21 can get a green card when applying for a green card. Generally, during the green card application phase, dependents can also apply for a green card to join the primary applicant. But what if you got married after you applied for your green card? Also, what if, due to various circumstances, your dependent had no intention of obtaining a green card at the time of the application, but later changed their plans and needed to obtain a green card?
You can also apply for your family members’ green cards after you get your green card. However, this requires you to start at the immigration petition stage, which is a time-consuming and complicated process. The other way is to use a following-to-join scheme. If the marriage occurs while the principal applicant’s green card is pending, or even after the principal applicant has received his or her green card, the marriage may be expedited without going through a separate family-sponsored immigrant petition.
There are differences in how the other spouse who wants to use Following-to-Join can do so, depending on whether they are receiving it through an embassy abroad or adjusting status in the United States. If proceeding abroad, the primary applicant must first obtain a green card, file an I-824 petition with USCIS, and once approved, the documents are transferred to the National Visa Center to begin the embassy interview phase. If you are adjusting status within the United States, you must file Form I-485.
However, not everyone can get a green card through this program by simply filing an application. You must show that your family relationship is genuine. Especially if you got married during the process, it’s important to show that this marriage is genuine. (Bona Fide Marriage)
The process can be complicated, as you’ll need to prepare your documents to meet the standards required by immigration. When it comes to immigration, it’s important to have a lawyer who is experienced in approvals and communicates well. Our immigration team prioritizes client communication in every case and has unparalleled experience and approval rates for all immigration cases. Also, from these many experiences, they are quickly exposed to the latest visa and immigration trends, and they are also quick to read and adjust to the latest trends of the immigration office.
If you have any questions about Following-to-Join, please contact Song Dong Ho Law Firm.
