Questions and Answers > EB-5 Forms

Can my husband deliberately not include me as his dependent after the I-526 approval ?

My husband is principal investor. He applied for EB-5 two years ago. Recently his I-526 got approved. I am currently in the U.S. on his dependent visa. Now he is not including me as a spouse in his EB-5 case and declines to give me dependent advantage. We are legally married. Can he legally do that?

Answers

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on August 20, 2020

  If you are divorced or legally separated you should be able to file separately and you must or you may not be allowed to stay.

• A Olusanjo Omoniyi

  Immigration Attorney

  Answered on August 20, 2020

  Unfortunately, he can certainly do that and there is no rule that he must include a dependent in his I-526.

• Dale Schwartz

  Immigration Attorney

  Answered on July 29, 2020

  I am sorry you are having this problem. A few questions: 1. What country are you and your husband from? 2. How long ago did you file the I-526 case. The next step is to file I-485 (green card) applications. But you can only do this if the quota is current for your country of birth. Right now it is current for most countries in the world, but behind five years for China. It is current for India. If you had a copy of the I-526 approval notice, you could possibly file your own I-485. But if he wanted to, he could probably get your case cancelled. Another alternative might be: When he gets his green card, you might be able to apply for your own green card as an abused spouse under the Violence Against Women Act.

• Belma Demirovic Chinchoy

  Immigration Attorney

  Answered on July 28, 2020

  If you are both in lawful immigration status in the U.S., you can file for adjustment of status. You file your own application but need prof of marriage and a copy of his I-526 approval. And given the situation your describe here, it is probably wise to get your own attorney.

• Stephen Berman

  Immigration Attorney

  Answered on July 28, 2020

  He cannot stop you from filing for a green card if you have a copy of the approval notice.

• Fredrick W Voigtmann

  Immigration Attorney

  Answered on July 28, 2020

  This is a difficult situation. There is no clear law on the issue, but it is clear that as his dependent you are legally entitled to be included in his case. As a practical matter, however, he might not let you have access to certain documents or information necessary to pursue your adjustment of status through USCIS or immigrant visa processing at a U.S. embassy or consulate abroad. It would be best to have the advice of both an experienced immigration attorney and an experienced family law attorney.

• Lynne Feldman

  Immigration Attorney

  Answered on July 28, 2020

  As far as I know, he can.

• Salvatore Picataggio

  Immigration Attorney

  Answered on July 28, 2020

  Technically each application for adjustment of status is its own case. You will need information regarding the primary petition but you file it on your own behalf, but there is a lot to discuss here and a consultation would be the best place to start.