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How should a spouse derivative prepare for their partner’s EB-5 visa application?

My boyfriend has applied for an EB-5 visa by investing in a restaurant. He has been told that he will receive a green card within 16-18 months and he applied in April 2017. I am a British national and we tend to get married near the end of 2018 or the start of 2019. What will my part of the process be like? Do I need to apply for something or will he need to add me to his own documentation?

Answers

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    Charles Foster

    Immigration Attorney
    Answered on

    As long as you plan to marry, it would be necessary to marry prior to your fiance's immigrant visa interview at the American Consulate abroad or prior to filing his Application for Adjustment of Status. Your fiance, once married, would need to amend the documents to include you, but it is critical that you be married prior to the issuance of his immigrant visa or approval of his Application for Adjustment of Status. Once you are married, he should add you to his application. The sooner the better.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    Once you are married, he can add you to his documentation. As long as you are married before he receives his conditional lawful permanent residence, you will be included as his derivative spouse.

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    Barbara Suri

    Immigration Attorney
    Answered on

    If you are married at the time of your spouse's filing for his resident status, he will submit your application along with his. Otherwise, he will need to file an independent alien relative petition on your behalf. Upon approval, this would qualify you for a priority date, which will dictate when you would file your application for permanent resident status.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    As long as you are married before his conditional green card is approved, you can submit your paperwork in parallel with his provided you are both either in the U.S. or both overseas. If you are not in the same location, he will process first and then you will come as a follow-to-join derivative.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Generally, the common practice is that, upon marriage, your spouse can add you to the petition. This will eventually allow you to obtain a green card as well.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    You must be married before the final interview in London. Also, it may take 18-24 months. At the time of the interview, you will likely have to show this was a good faith marriage since you will be newlyweds.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    If you are married before he gets the I-526 approved, he could just add you to his application by notifying NVC with the marriage certificate. If you get married after he receives his conditional residency, he will have to sponsor you as the wife of a permanent resident.

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    Phuong Le

    Immigration Attorney
    Answered on

    Congratulations on your marriage. It is best to consult with an attorney to make sure the proper steps are taken for you to be included as an eligible beneficiary on your spouse's I-526 petition. At a minimum, you will have to already be married (civil marriage is fine for now, the big party can come later) and typically you should be added as a beneficiary at the consulate processing stage. Again, best to consult with an attorney to ensure that you can accompany your husband to the US.

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    Belma Chinchoy

    Immigration Attorney
    Answered on

    If you wish to get a conditional green card based on your fiance's EB-5 investment and at the same time as he receives his condition GC, you will need to be married before he applies for an Immigrant Visa or files for Adjustment of Status. Your finance's I-526 filing attorney will walk you through the process.

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    Ying Lu

    Immigration Attorney
    Answered on

    The best thing to do next if you want to be added as a derivative beneficiary is to have your boyfriend marry you before he files his DS-260/I-485 application.

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