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Can I file my I-829 together with my spouse if my spouse is still waiting on her own I-485 decision?

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

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    To 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.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    You 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).

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    Lynne Feldman

    Immigration Attorney
    Answered on

    I would include and request adjudication of her I-485.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    You may include a spouse if a spouse's permanent residency period coincides with yours. Otherwise, a spouse files a separate I-829.

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    Marko Issever

    EB-5 Broker Dealer
    Answered on

    There should be no reason why you could not. You should be able to include your wife in your I-829 petition.

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    Barbara Suri

    Immigration Attorney
    Answered on

    Your spouse's I-829 should not be filed until after she obtains her permanent resident status.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    You can include her, but it will not be approved until she has conditional permanent resident status.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    I probably would, but I want to review her immigration history first.

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    Charles Foster

    Immigration Attorney
    Answered on

    Yes, you can include your spouse in your I-829, even if her I-485 application has not been adjudicated.

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