Can a Spouse Join Another’s Green Card Process if I-140 is Withdrawn?

If you’re worried about what happens when your own I-140 is withdrawn, denied, or never filed, and you’re hoping to join your spouse’s green card process as a dependent, you’re not alone. Many families face this situation and want clear, practical answers. This guide will walk you through exactly what you can and cannot do, what steps you need to take, and how to avoid common mistakes. By the end, you’ll know how to move forward if you want to get a green card through your spouse after your own employment-based petition falls through.

Eligibility Requirements: What You Need to Know First

Before you start, it’s important to understand that you cannot simply join your spouse’s green card process as a dependent if your own I-140 is withdrawn, denied, or not filed. There are strict rules about who qualifies as a dependent and how you can switch from one green card process to another. Here’s what you need to check:

• Type of Green Card Process: Is your spouse applying through a family-based or employment-based petition?
• Status of Your I-140: Was your I-140 approved for at least 180 days before being withdrawn? If so, you may keep some benefits, but not dependent status.
• Relationship to Petitioner: Only a U.S. citizen or green card holder can file a family-based petition (Form I-130) for a spouse.
• Current Immigration Status: Are you in the United States 🇺🇸 or abroad? This affects which forms you file and where.

Step-by-Step Process: How to Join Your Spouse’s Green Card Process as a Dependent

1. Check the Status of Your I-140

• If your I-140 was approved for 180 days or more before withdrawal, you may keep your priority date and be eligible for H-1B extensions or H-4 EAD for your spouse.
• If it was withdrawn before 180 days or denied, you lose these benefits unless you have a pending I-485 for at least 180 days, which may allow some flexibility.
• Remember, withdrawal or denial of your I-140 does not let you automatically join your spouse’s green card process.

1. Have Your Spouse File a Family-Based Petition (Form I-130)

• Your spouse, if they are a U.S. citizen or lawful permanent resident, must file Form I-130 (Petition for Alien Relative) for you.
• You can find the official form and instructions on the USCIS Form I-130 page.
• This starts a new green card process under the family-based category.

1. Wait for Priority Date and Visa Availability

• If your spouse is a U.S. citizen, you are considered an “immediate relative,” and there is no waiting for a visa number.
• If your spouse is a green card holder, you fall under the F2A category, which may have a waiting period (currently about 35 months).
• You can check current visa bulletin updates on the U.S. Department of State website.

1. File for Adjustment of Status (Form I-485) or Consular Processing

• If you are in the United States 🇺🇸, you can file Form I-485 (Application to Register Permanent Residence or Adjust Status) once your I-130 is approved and a visa is available. Use the latest version of the form, which you can find on the USCIS Form I-485 page.
• If you are outside the United States 🇺🇸, you will go through consular processing at a U.S. embassy or consulate.

1. Gather and Submit Evidence of a Bona Fide Marriage

• USCIS is strict about making sure marriages are real. You must provide strong evidence, such as:
  • Joint bank account statements
  • Shared lease or mortgage documents
  • Health or car insurance showing both names
  • Photos together over time
  • Birth certificates of children (if any)
• Using the correct, current forms is critical. As of April 3, 2025, only the 01/20/25 edition of Form I-485 is accepted.

1. Attend Biometrics Appointment and Interview

• After filing, you’ll be scheduled for a biometrics appointment (fingerprints and photo).
• USCIS will also schedule an interview for both spouses to confirm the marriage is genuine and all information is correct.

1. Receive Your Green Card

• If everything is in order, you’ll be approved and receive your green card as a dependent of your spouse’s family-based petition.

Required Documents Checklist

• Form I-130 (filed by your spouse): USCIS I-130
• Form I-485 (if adjusting status in the U.S.): USCIS I-485
• Marriage certificate
• Proof of bona fide marriage (see above)
• Passport and immigration documents
• Birth certificates
• Proof of spouse’s U.S. citizenship or green card

Timelines and Costs

• Immediate relatives of U.S. citizens: About 9.2 months for adjustment of status in the United States 🇺🇸.
• Spouses of green card holders (F2A): Wait times can be up to 35 months.
• Filing fees: As of 2025, Form I-130 costs $675, and Form I-485 costs $1,440. Fees can change, so always check the USCIS fee schedule.

Common Pitfalls to Avoid

• Assuming you can “switch” to dependent status automatically: You must start a new family-based petition.
• Using outdated forms: USCIS will reject forms that are not the latest edition.
• Not providing enough evidence of a real marriage: Weak evidence can lead to delays or denials.
• Missing deadlines or failing to maintain legal status: This can cause serious problems and even removal from the United States 🇺🇸.
• Not checking visa bulletin updates: This can lead to filing too early or too late.

Next Steps and Practical Guidance

• Talk to an immigration attorney if your case is complex or if you have questions about your I-140, green card process, or spouse’s eligibility.
• Visit the USCIS website for official updates, forms, and instructions.
• Keep copies of all documents and receipts for your records.
• Stay up to date with any changes in immigration law or form editions.

As reported by VisaVerge.com, the rules separating employment-based and family-based green card processes remain strict in 2025, with no shortcuts for spouses whose I-140 is withdrawn or denied. Each process must be started and completed according to current law and policy.

By following these steps and staying organized, you can reduce stress and improve your chances of success. Remember, while the process may seem complicated, taking it one step at a time and using official resources will help you and your spouse move forward with confidence.