I-140 & Family: USCIS Doesn't Care (Shocking Truth!)

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Including Your Family in Your EB-1, EB-2, or EB-3 Green Card Petition: What You Need to Know

People pursuing an employment-based green card through the EB-1, EB-2, or EB-3 categories often wonder about including their family members on the petition. Does having a family somehow make your case more or less appealing to USCIS?

Simplicity is Key: How to List Your Family on the I-140

Including your family on your initial Form I-140, Immigrant Petition for Alien Worker, is surprisingly straightforward.

Here's what you need to do:

Disclose their existence: On the I-140 form, you need to indicate that your spouse and children exist, regardless of their age or whether you have custody.
No evidence required (at this stage): You do not need to submit your marriage certificate, birth certificates for your children, or any other supporting documentation about them with your I-140.
Setting the groundwork: By listing them on the I-140, you lay the essential groundwork for their future immigration process. This prepares them to either:
- Adjust their status to permanent resident when your I-140 is approved and your priority date becomes current (if they are in the U.S.).
- Obtain immigrant visas overseas when your priority date becomes current (if they are outside the U.S.).

Does USCIS Care If You're Married or Have Children?

A question I was asked just this week highlights a common concern: "Does USCIS view it negatively if I'm married or have children? Or, conversely, would they see it as a positive?"

This is a valid thought, especially given that each family member who needs a green card counts against the overall employment-based quotas. One might logically think, "If the goal is to bring in individuals of extraordinary ability, perhaps single applicants would be preferred to avoid 'bogging down' the system with non-extraordinary children."

Here's the definitive answer:

They don't care about your marital or family status for your I-140 adjudication. Whether you are single, married with no children, or have ten children, it simply does not affect the approval of your I-140 petition.
No impact on case strength: Having family members, regardless of their number, will not make your EB-1, EB-2, or EB-3 case stronger or weaker at the I-140 stage. USCIS focuses solely on your qualifications for the employment-based category you are pursuing.

While your family members do count against the quota for green cards, this is a separate consideration from the merits of your I-140 petition. Your family status has no bearing on the adjudication of your extraordinary ability, advanced degree, or skilled worker petition.

What If You Didn't Include Family on Your I-140?

Life happens, and sometimes family situations evolve or past decisions are reconsidered. Perhaps:

Your children weren't born yet when you filed your I-140.
You gained step-children after filing your petition, or realized you have fathered a child that you hadn't known about.
You simply didn't realize you needed to list an existing family member.
You assumed your spouse wouldn't want to relocate and therefore didn't include them.

This is where careful consideration and attorney consultation become critical.

The Golden Rule: Avoid Misrepresentation. The absolute most important principle in immigration law is to never, ever give the government reason to believe you are fraudulently misrepresenting a material fact about yourself or your case.
"Do They Exist?" Not "Are You Bringing Them?" The question on the I-140 form regarding family members is not "Are these the people you are bringing with you?" It's "Do they exist?" If your spouse was your spouse, or your children were your children, at the time you filed your I-140, they should have been named on that petition.
Talk to Your Attorney. If you did not list an existing spouse or children on your I-140 petition, and you are now ready to move to the next step (e.g., Adjustment of Status or Immigrant Visa application), you must discuss these specific circumstances with your immigration attorney.
Fact-Specific Situations. I am not saying that such an omission cannot be overcome, or that it will necessarily be a huge deal. However, it will be highly fact-specific to your individual circumstances, and you will need expert guidance to navigate it properly and explain the situation to USCIS.

Before You File Your I-140: A Crucial Checklist Item

For anyone who has not yet filed their I-140 petition, I have one strong piece of advice:

Include your spouse and all children on the I-140 petition.
This applies regardless of custody arrangements, marital separation (if not yet divorced), or any other personal circumstance. If they meet the definition of your spouse or child under immigration law, list them.

Taking this simple step upfront will save you potential headaches and complications down the road.

Navigating the complexities of employment-based immigration can be challenging, but understanding how to properly include your family can make the process much smoother. If you have any questions about your specific situation, remember that professional guidance is invaluable.

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