After an alien's employment based immigration petition (I-140) was approved and before his I-485 petition for adjustment of status is approved, he marries another alien. His spouse may enjoy immigration benefits based on this marriage as a derivative beneficiary of the approved immigration petition. If his alien spouse is in the U.S. with a valid non-immigration status, the alien spouse may file I-485 petition for adjustment of status. If his alien spouse is outside of the U.S., after he gets the green card, he may petition for the immigration visa for his spouse, and his spouse may get an immigration visa through consular processing.
However, the USCIS has the discretion to examine whether they have a genuine marital relationship. If the USCIS interprets that their marriage was a sham marriage, that is, the sole purpose of the marriage was to circumvent immigration laws, the USCIS may deny the petition.
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