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How does retroactively adding a derivative to an EB-5 application affect the process?

My I-485 status is currently pending and I hope I will get my green card soon—say around February 2018. I am planning to get married to my German fianc (who has a German passport), who is currently holding a B1/B2 visa. Can I add him as part of my EB-5 application and, if so, would it affect my chances of getting my conditional green card or my Priority Date?

Answers

  • Avatar

    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    Yes; you may add your spouse as long as you get married before your I-485 is approved. It will not affect your chances of approval or your priority date. If you get married after you receive your I-485 approval (conditional green card), then you must file an I-130 petition for your spouse. The current waiting time for such a petition is about two years.

  • Avatar

    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Generally, you cannot add your girlfriend to your petition. However, once you get married, you can add her to your petition. Further, her addition to your petition should neither affect your opportunity to get a conditional green card and should not affect the priority date.

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    Charles Foster

    Immigration Attorney
    Answered on

    As long as you are married before your final interview, it is possible to add your new spouse and she will be eligible to apply for an immigrant visa at the same time you apply. However, prior to the interview, you will have to notify the National Visa Center or the American Consulate of your marriage and provide the appropriate information.

  • Avatar

    Diana Levy

    Immigration Attorney
    Answered on

    You can add your spouse by filing a residency application for her before your I-485 is approved. It will not affect your case.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    If you marry your fiance before the adjustment is approved, he becomes eligible for a derivative green card. If you marry him the day after, then you have to file an F2A family second preference petition which takes about 2-3 years to process. Meanwhile, he cannot live in the US, unless he has another visa that permits him to stay. If you fiance entered on a visitor visa and files within 90 days of entry, or if he had a plan to marry you and stay, his adjustment could be denied based on a preconceived intent, also known as visa fraud.

  • Avatar

    Jinhee Wilde

    Immigration Attorney
    Answered on

    If you get married before you become a permanent resident, then your new spouse could do a following-to-join application. If you get married after you become a permanent resident, then you must file a family-based petition I-130 and sponsor her as your wife.

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    Barbara Suri

    Immigration Attorney
    Answered on

    As a derivative spouse, he may file his application to adjust his status prior to your being granted permanent residency status.

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    Anthony Korda

    Immigration Attorney
    Answered on

    As the I-526 Petition is filed in the name of the Investor, there is no difficulty adding additional qualified family members to the visa case once the I-526 has been approved.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    After you are approved for permanent residence, you can add him as following to join, but while your I-485 is pending there is no way to add him. You will need to wait until your I-485 is approved first, and then immediately file for his I-485 (after you are married) as he is following to join you.

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    Belma Chinchoy

    Immigration Attorney
    Answered on

    It is too late to add him. You will need to sponsor your fiance once he becomes your husband.

  • Avatar

    Lynne Feldman

    Immigration Attorney
    Answered on

    You must get married prior to your permanent residency approval to add a derivative. If you marry thereafter, you do not have the derivative option and your spouse will go in the family queue.

  • Avatar

    Stephen Berman

    Immigration Attorney
    Answered on

    If you get married, your spouse can file an I-485 as an accompanying spouse.

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