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Can EB-5 investors file marriage-based green card application for spouses?

I obtained my green card through the EB-5 program. I am from India. Can I file an I-130 and an I-485 for my spouse at the same time?

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    F2A spouse of a green card holder is current so if your. spouse is in the U.S. lawfully, has not been our of status or worked without permission you should be able to file an adjustment provided she did not enter on a tourist visa recently with an intent to marry you.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    If she is here in the USA, when did she arrive here? If it was more than 90 days ago and she is still in valid status, you can file for her. If you were married when you got your green card, you might only need to file an I-485 if she is here in the U.S.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Green card holders can apply for foreign spouses. We would have to see the visa bulletin to determine if spouses of green card holders are current. Spouses of U.S. citizens are always current.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    If you married before you received your conditional green card, your spouse can follow to join you and no I-130 is required. If you married after you received your conditional green card, you must file an I-130 immigrant petition for your spouse. If your spouse is in the United States in valid nonimmigrant status and an immigrant visa number is currently available for F-2A (check the most recent Visa Bulletin), then your spouse may concurrently file for adjustment of status on Form I-485. If your spouse is not in the United States, the I-130 must first be approved and send to the U.S. embassy or consulate in your spouse''s home country through the National Visa Center. This process is called immigrant visa processing. The end result will be the same as adjustment of status; just the procedure and processing times will differ slightly.

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    Stephen Berman

    Immigration Attorney
    Answered on

    Generally, unless one got their green card through marriage, any permanent resident can petition their spouse to immigrate to the U.S., or their spouse can immigrate on the EB-5 itself if married at the time one was approved. If the spouse is in the U.S. in legal status, and the visa is available, then one can do an I-130/I-485 concurrently.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    Yes, you can. If you were married before becoming a lawful permanent resident, your spouse may be eligible to process as a following-to-join, which means you will not need to file an I-130 petition or wait for the priority date.

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    Belma Demirovic Chinchoy

    Immigration Attorney
    Answered on

    The way you obtained your green card has no impact on your eligibility to sponsor your spouse and whether you can file concurrent I-130 and I485. If the priority date for the permanent resident spouse category is current you may file concurrently.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    You cannot file both I-130 and I-485 at the same time. This is because you were not married when you obtained your EB-5 permanent residence. You can file I-130 now and upon approval, if the visa is current, you may file I-485. However, looking at your current situation as just a permanent resident, there is likely going to be some period of the gap in processing the I-485 for your spouse, which may be as long as two years.