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How can a conditional permanent resident help their spouse get a green card?

My parents and I got conditional permanent residency cards through the EB-5 Immigrant Investor Program in 2014. And, in 2015, I married my wife. Till now, our I-829 is still pending. Can my wife apply for green card through F2A?

Answers

• Salvatore Picataggio

  Immigration Attorney

  Answered on August 11, 2017

  Once you are a permanent resident, you should be able to apply for a spouse. Work with an immigration attorney who can assist with the process, forms and further documentation needed.

• A Olusanjo Omoniyi

  Immigration Attorney

  Answered on July 3, 2017

  Yes, you can apply for F2A. Advisably, work with your attorney for the processing of the relevant paper work.

• Ed Beshara

  Immigration Attorney

  Answered on July 3, 2017

  You can file a petition for your wife as you are a conditional permanent resident. The priority date is the date you filed the petition for your wife under the F2 A category. This category has a waiting period before your wife can apply for conditional residency. If your wife is maintaining legal status in the U.S., when the waiting period is over, your wife can apply for residency while in the U.S.

• Julia Roussinova

  Immigration Attorney

  Answered on June 30, 2017

  You may certainly file an F2A petition for your spouse. This will, however, take about 2 years for an immigrant visa to become current for your spouse to immigrate to the United States under this category. If she has a student visa or work visa, this will allow her to come to the United States quicker, and then you can file F2A petition for her and wait for an immigrant visa to become current.

• Jimena G Cabrera

  Immigration Attorney

  Answered on June 30, 2017

  While you are a conditional permanent resident, you can file the form I-130 for your wife. But, be advised that, if your I-829 petition is denied, your I-130 petition will be denied or revoked.

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on June 30, 2017

  A conditional permanent resident is granted all the rights of a full permanent resident in regards to the ability to petition for a spouse. You can file an F2A spousal petition, but the waiting period can be about two years. Ideally, if she had an H or L visa she could enter and remain here while waiting for the priority date to become current.

• BoBi Ahn

  Immigration Attorney

  Answered on June 30, 2017

  Yes, you can petition for your wife user F2A as a spouse of a lawful permanent resident while your petition for removal of conditional lawful permanent residence is pending. There is a waiting period of approximately 2 years for this category, however.

• Lynne Feldman

  Immigration Attorney

  Answered on June 30, 2017

  Yes, you may file an I-130 to get her a place in the queue for FB-2a.

• Charles Foster

  Immigration Attorney

  Answered on June 30, 2017

  A conditional permanent resident may file a petition on Form I-130 on behalf of their spouse. So, yes, you can qualify your spouse on that basis. However, given the backlogs under the quota, particularly depending upon your wife's nationality, you may also wish to become a U.S. citizen at the earliest possible date. Generally speaking, you can apply for U.S. citizenship 5 years after the date you acquired your Lawful Permanent Residency on a conditional basis, in some cases 90 days before your 5th year anniversary.

• Matthew T Galati

  Immigration Attorney

  Answered on June 30, 2017

  Yes. You may petition for her as you have LPR status, even though the card itself has expired.