Can I file my I-829 together with my spouse if my spouse is still waiting on her own I-485 decision? - EB5Investors.com

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

A Olusanjo Omoniyi

A Olusanjo Omoniyi

Immigration Attorneys
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.

BoBi Ahn

BoBi Ahn

Immigration Attorneys
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).

Lynne Feldman

Lynne Feldman

Immigration Attorneys
Answered on

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

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys
Answered on

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

Barbara Suri

Barbara Suri

Immigration Attorneys
Answered on

Your spouse&#39s I-829 should not be filed until after she obtains her permanent resident status.

Marko Issever

Marko Issever

EB-5 Broker Dealers
Answered on

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

Julia Roussinova

Julia Roussinova

Immigration Attorneys
Answered on

You may include a spouse if a spouse&#39s permanent residency period coincides with yours. Otherwise, a spouse files a separate I-829.

Charles Foster

Charles Foster

Immigration Attorneys
Answered on

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

Salvatore Picataggio

Salvatore Picataggio

Immigration Attorneys
Answered on

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

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