I need to add my spouse to my I-526 petition, which I filed before we got married. We got married in August 2023 in the US. He is right now on an F visa. Can I add him now before I get the green card, or is it too late? Could this make the USCIS suspicious and jeopardize my case? Also, I just received a project-related RFE for my application; could this affect my chances of adding him? He’s also likely to receive a visa waiver in a few days.
Answers
Lynne Feldman
EB-5 Immigration attorneysHe may be added any time before your permanent residency is approved. Did you also file your own I-485? Your spouse may file the I-485 if in the U.S. on a nonimmigrant status (not a visa waiver) if the Priority /date is current. If there is an RFE you can use that opportunity to submit a modified I-526 page with hi information and your marriage certificate.
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