When can I withdraw my I-829 application?

You can file the I-130 and I-485 first. When you go to the I-485 interview, the USCIS officer will ask you if you want to withdraw your I-829 application. You can answer at that time.

You may withdraw your I-829 prior to the USCIS's final decision on it. You may apply at any time for any immigration benefit for which you qualify.

You can keep the I-829 going and have your spouse file the I-130. Multiple immigrant petitions are acceptable. Please try to maintain lawful U.S. status in the meantime!

The immigration laws require that you give up your conditional lawful permanent resident status before you can be granted lawful permanent residence in another category. However, there is a 2009 memo that discusses in part the process for EB-5 conditional permanent residents to obtain new permanent residence without leaving the country. The memo states that: "If the new [visa petition] is approved, S/he may request the withdrawal of the initial I-829 petition and file an AOS application. The prior CPR status will be terminated and the new AOS application will be approved, if otherwise approvable." Therefore, it appears that you (actually, your spouse) should file the I-130 petition first, and then after it is approved, you may request withdrawal of the I-829 petition and proceed with adjustment of status (Form I-485).

File the I-130 first to make sure you will be approved, then you may withdraw the I-829.

There are so many issues that should draw your concerns, including but not limited to, the loss of your investment. However, bear in mind you only need one green card. Withdrawing the I-829 appears reasonable if the project may not be successful and consequently not produce the required jobs for you to qualify for an eventual permanent green card. Thus, obtaining a green card through a family member may be a reasonable option. Advisably, before proceeding on any of these alternative plans further, consult with an immigration attorney and make sure you obtain reliable information on the current program you are pursuing.

There are limited circumstances where you can withdraw an I-829. If you withdraw now, you are out of status. First file the I-130. Best to process abroad and surrender your status before you are scheduled for the immigrant interview. It might be doable in the United States, but you need experienced counsel.

If you are already a conditional resident, you cannot file for adjustment of status. If USCIS terminates your status, then you can file for adjustment of status based on your marriage. See a lawyer to help you through this.