My wife and I have each filed I-485. Mine was approved but my spouse is still waiting for her decision. Now it is time for me to file my I-829. Can I include my spouse in my I-829? If not, what is my spouse supposed to do?
Answers
A Olusanjo Omoniyi
Find an EB-5 Visa Lawyer: Immigration AttorneyTo avoid chaotic proceedings, you should seriously consider filing together. As of this moment, you cannot include your wife in your I-829 because her I-485 is still pending. The general rule is that a I-829 applicant must have an approved I-485.
BoBi Ahn
Find an EB-5 Visa Lawyer: Immigration AttorneyYou can include her, and also note that her I-485 is still pending. I am not sure why hers was not adjudicated at the same time as yours since she is a derivative dependent of yours (assuming you were the principal investor for the I-526).
Lynne Feldman
Find an EB-5 Visa Lawyer: Immigration AttorneyI would include and request adjudication of her I-485.
Bernard P Wolfsdorf
Find an EB-5 Visa Lawyer: Immigration AttorneyYou can include her, but it will not be approved until she has conditional permanent resident status.
Barbara Suri
Find an EB-5 Visa Lawyer: Immigration AttorneyYour spouse's I-829 should not be filed until after she obtains her permanent resident status.
Marko Issever
EB-5 Broker DealersThere should be no reason why you could not. You should be able to include your wife in your I-829 petition.
Julia Roussinova
Find an EB-5 Visa Lawyer: Immigration AttorneyYou may include a spouse if a spouse's permanent residency period coincides with yours. Otherwise, a spouse files a separate I-829.
Charles Foster
Find an EB-5 Visa Lawyer: Immigration AttorneyYes, you can include your spouse in your I-829, even if her I-485 application has not been adjudicated.
Salvatore Picataggio
Find an EB-5 Visa Lawyer: Immigration AttorneyI probably would, but I want to review her immigration history first.
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