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When can the new spouse of an EB-5 investor apply for F2A?

I received my EB-5 green card a few days ago. Now I want to go back to my country of birth, India, and get married. After that, when can my wife apply for F2A? Can we do so before my I-829 is approved?

Answers

  • Avatar

    Xiaosheng Huang

    Immigration Attorney
    Answered on

    You can apply for the F2A for your new wife when you hold the conditional green card. But also you have to take the risk that if your I-829 application fails, your wife's F2A may have to be terminated because it will take a few years to get the F2A visa for your wife.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    You will have to file an I-130 for your wife. The processing time will depend on the visa availability in India. There is no guarantee that your petition will be approved prior to your I-829. Consult an immigration attorney for further information on this issue.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    As a conditional lawful permanent resident, you have all of the rights, privileges, and responsibilities of a U.S. permanent resident, including the right to petition for your spouse once you get married. You do not need to wait until your I-829 is approved or even filed in order to petition for her. You just have to be legally married and demonstrate that the marriage is bona fide (not entered into solely for immigration purposes).

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    John J Downey

    Immigration Attorney
    Answered on

    I would think that you could even as a conditional green card holder, but you should check with the Department of State at the U.S. Consulate in India.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    You can sponsor your new wife now before your I-829 is filed. Being a conditional resident still gives you all the benefits of permanent residency, including being able to file the I-130 petition for your spouse.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Yes, you can file an F2A spousal petition the day you recorded your green card. Had you married before, she would have no wait - now it is about two years.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Yes. You can get the documents prepared before you leave, have your wife and you sign them while you are there, and send back to counsel to mail to USCIS for you the day after the marriage certificate is available. This can be emailed from overseas.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    As soon as you are married, you can petition (I-130, Immigrant Petition for Alien Relative) for your new spouse. You do not need to wait until the I-829 is approved.

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