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How will a spouse''s I-485 denial affect an EB-5 investor''s I-829?

I applied for the EB-5 visa and my I-526 was approved. After which, my wife and I applied for the Adjustment of Status (I-485) within the United States. My AOS was approved, but wife''s AOS was denied due to some reasons. How will this affect the removal of conditions (I-829) for myself? Will my form I-829 be denied or delayed because of her denial (they ask for my wife''s status on the form I-829)?

Answers

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    Steffanie J Lewis

    Immigration Attorney
    Answered on

    If you are the principal applicant, your wife's denial would not affect your I-829.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    Your wife's I-485 denial is unlikely to affect your I-829 unless the denial reasons somehow are related to the EB-5 investment or your eligibility/admissibility as a conditional lawful permanent resident.

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    Oliver Huiyue Qiu

    Immigration Attorney
    Answered on

    Since you are the principal EB-5 investor, your wife''s I-485 denial does not affect your eligibility at all. It has no impact on your I-829.

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    John J Downey

    Immigration Attorney
    Answered on

    Her denial should not affect your application. I would seek immigration counsel to help you with your wife''s application.

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    Ed Beshara

    Immigration Attorney
    Answered on

    As you are the investor, the I-829 will be filed by you and will be approved for you on the basis of the information and documentation you provide on the project and your personal information. The denial of your wife''s I-485 application will not affect your I-829. If your wife can find a waiver of the ground of inadmissibility, then she may still become a beneficiary of your I-829 application.

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    Mark Szu-Yu Chang

    Immigration Attorney
    Answered on

    Thank you for the inquiry. Your wife''s application should not affect your standalone I-829. However, it may raise a red flag to the officer reviewing the case to carefully examine the whole case, which may or not cause farther delay. USCIS usually spells out in detail why they deny an application. It is highly recommended that you bring the proper immigration paperwork when you schedule a consultation.

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    Sufen Hilf

    Immigration Attorney
    Answered on

    If you are the principal applicant, your request for removing the condition should not be affected.

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    Yevgeny Samokhleb

    Immigration Attorney
    Answered on

    You do not mention the reason for your wife''s Adjustment of Status denial, so it is hard to say for certain. However, generally speaking, your I-829 should not be affected.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Your wife''s denial should not impact yours, but if the marriage is viable, you should seek to resolve her issues. As the spouse of a permanent resident, she might be eligible for a waiver if there are inadmissibility issues.

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    Stephen Berman

    Immigration Attorney
    Answered on

    It should have no effect at all on your removal of condition, unless your wife''s denial was related to your own eligibility for the visa.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Since you have two years of conditional permanent residency, any issue with your wife''s AOS should be resolved by then. Without knowing the specific nature of the denial and her immigration history, it is hard to tell if it will have any further effects on your process. Retaining experienced immigration counsel is critical to these processes, and this is a very good reason why.

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