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How do I add my fiance as a derivative after getting approval on the I-526?

Hello. My I-526 got approved recently. I have a question about getting married and adding my fiance as a derivative beneficiary to my current application while waiting for the priority date. I am on my student F-1 visa and he is on an H-1B visa. What documents do we need to prepare to submit to the NVC? Thank you.

Answers

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Only spouses and children of the approved investor can be derivative beneficiaries. Once you get the NVC invoice, you can contact them to get any derivatives added.

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    Ed Beshara

    Immigration Attorney
    Answered on

    It would be advisable to marry your fiance after the I-526 petition is approved. Once married, then your spouse can jointly apply with you for conditional permanent residency. If you are maintaining F-1 status and your spouse is maintaining H1-B status, then you and your spouse can apply for adjustment to conditional permanent residency with the USCIS while you both remain in the U.S.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    You cannot add a fiance. You must be married to your spouse so that he may immigrate with you as your derivative beneficiary. You will not go through NVC if you both have valid nonimmigrant status and will maintain your respective statuses until the immigrant visa number becomes available to adjust status in the United States to that of a conditional permanent resident. Otherwise, if you have to depart the U.S. because you cannot maintain an underlying immigration status for some reason, then you will notify the NVC about adding a spouse by submitting a request along with copies of your spouse''s birth certificate and marriage certificate. You will have to wait until the immigrant visa number becomes available to consular process for immigrant visas abroad if this is your case. Alternatively, your immigration lawyer could contact the NVC for you.

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    Charles Foster

    Immigration Attorney
    Answered on

    Once you marry you can add your fiance, adding him as a derivative will be relatively easily. The approval of your EB-5 Investor Petition on Form I-526 is not determinative. When you get ready to apply for Adjustment of Status, since you are physically in the United States, your husband can file simultaneously with you on the same basis or if you are applying abroad at an American Consular Post. When you complete all your documentation, you simply detail that you are married and include a copy of your Marriage Certificate.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    In order to add your fiance, you will need to be married before your permanent residency is approved.

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    Irina Rostova

    Immigration Attorney
    Answered on

    You will need to get married; then you can add him as a derivative with NVC. You cannot add him while he is your fiance.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    Your fiance is not your derivative until you marry him. Once you are married, then you could add his name as a family member with your marriage certificate and his passport with NVC. If your status is valid and you are both in the United States when the PD becomes current, you can always adjust the status (filing I-485) rather than going through NVC. Your immigration lawyer should be able to walk you through the process.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    You cannot add a fiance, but you can add a spouse by notifying NVC and submitting a copy of the spouse birth certificate and your marriage certificate.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    Your fiance may be added after you are married and when you apply for an Adjustment of Status. He would also complete all the adjustment papers along with yours, which can be submitted together. Since you are currently in the United States, there is no need to process through the NVC or consular process. You both can file to adjust status to become lawful permanent residents in the U.S.

  • Avatar

    Anthony Korda

    Immigration Attorney
    Answered on

    You cannot add your fiance as a derivative to your approved I-526. However, if you marry, you will be able to add your Spouse to the Visa Case prior to making your Visa application. Similarly, if you are adjusting status in the United States, you will be able to file an application for your Spouse.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    You must be married first. Then, you can add your spouse at the NVC immigrant visa processing stage. You simply email the NVC copies of your wife's passport and your marriage certificate. Then the NVC will issue an immigrant visa fee bill for her to be added to your case. Also, if you plan to adjust your status in the United States, you will file an I-485 along with your spouse and you do not need to pay the NVC immigrant visa fee. Your priority date must be current (i.e., an immigrant visa number available) before you and your spouse may file your I-485s.

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