The basic rule to remember is that if you marry before you become a lawful permanent resident ("immigrant", "green card holder"), your spouse is entitled to apply for LPR status using your preference classification and priority date. If you marry after you attain LPR status, your spouse must immigrate through the family based "2A" category. The difference is that in the first instance, your spouse may apply for LPR status immediately, while in the second, he or she must wait approximately five years. If your spouse must apply through the family based "2A" category, there is no provision in the law that will allow him or her to remain in the U.S. while waiting.

An applicant for adjustment of status acquires LPR status when the CIS approves his or her application. This happens before the applicant is officially notified. The date that an adjustment applicant obtains a stamp in his or her passport is of absolutely no consequence in this regard.

(Please remember that a spouse who wishes to apply for adjustment of status must meet all eligibility requirements. That is, he or she must be physically in the U.S. and must have no prior violations of status. If a spouse does have a prior status violation, but the principal qualifies for the benefits of Section 245(i), then the spouse may file for adjustment of status by including a form I-485a and paying the fine of $1,000.)

Let's look at the different circumstances that might arise and how you can deal with each situation:

1. Marriage after I-140 approval, but before filing for adjustment of status:

The fact that you did not include your spouse's name in your I-140 is not important. While it is always a good idea to do so if you can, failing to include the spouse's name does not in any way affect the spouse's ability to file for immigrant status later.

If you marry before filing for adjustment of status, your spouse may file for adjustment of status with you. Your spouse should prepare a complete I-485 package and submit it in the same package as your application. Your spouse's package should contain a copy of your I-140 approval notice also.

The two packages should be adjudicated at the same time by the CIS.

2. Marriage after filing for adjustment of status, but before adjudication.

In this case, your spouse can file an application for adjustment of status. His or her application should include a copy of your I-797 receipt notice for your I-485 filing, and a letter asking that his or her file be attached to your file for adjudication at the same time. The CIS may or may not grant this request. Still, your spouse's application will be on file and he or she will enjoy all of the benefits of an adjustment applicant while waiting (i.e., advance parole, EAD, permission to remain).

3. Marriage after filing for adjustment of status, but the adjudication comes before your spouse can file.

In this case, your spouse should file for adjustment of status and reference your approved file. He or she should include a copy of your I-797 approval notice. There should be a letter which explains that the marriage took place before the date your case was approved.

4. Marriage prior to the approval of your adjustment of status application, but your spouse is overseas and will go through consular processing abroad.

The easiest way to resolve this situation is to file a form I-824 with the CIS as quickly as possible after the marriage. If the marriage takes place before you file for adjustment of status, include the I-824 with the adjustment filing. If it takes place after you file, file the I-824 as quickly as you can. Include a copy of your I-485 receipt notice and ask that they hold the I-824 in your adjustment file until adjudication. You should check box C ("notify the foreign consulate that my adjustment of status has been granted"). When the CIS approves your adjustment application, they will also approve the I-824 and notify the foreign consulate where your spouse will process that your adjustment has been approved. The consulate will then contact your spouse and initiate consular immigrant visa processing for him or her.