+1-800-997-1228
Questions & Answers

Can a principal applicant add a dependent to his I-829 even though the I-485 of his dependent has not been approved yet?

I am a principal applicant of an EB-5 case and my wife is the dependent. My conditional green card was approved 20 months ago but the I-485 that my wife filed has not been approved yet. Now I am preparing to file an I-829 for removing conditions. Should I include my wife to my I-829?

Answers

  • Avatar

    Julia Roussinova

    Immigration Attorney
    Answered on

    Because your spouse has not yet been granted adjustment of status to an LPR, she is not yet eligible to remove conditions. You should include your spouse on your I-829 form but she will need to file her own I-829 when she adjusts her status to an LPR (within 90 days of the expiration of her conditional green card).

  • Avatar

    Salvatore Picataggio

    Immigration Attorney
    Answered on

    I'd try it with an explanation of the matter at hand. USCIS processing delays are causing many challenges like this.

  • Avatar

    Lynne Feldman

    Immigration Attorney
    Answered on

    I would and ask them to consolidate the cases if your wife applied at the same time as you. If follow-to-join, then no, you need to wait until she is approved and file her I-829 later.

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Yes, you should include your wife, although the instructions indicate one can only include a conditional permanent resident spouse. I would, however, also file a separate I-829 for her after she is approved as a conditional resident and reaches the 21-month anniversary of her conditional card, just to be safe.

  • Avatar

    Marko Issever

    EB-5 Broker Dealer
    Answered on

    Unfortunately, since her I-485 is not approved yet, she cannot proceed to remove conditions. That said, you should certainly list her as your dependent. She will have to file her own I-829 90 days before her conditional green card expires.

  • Avatar

    Belma Chinchoy

    Immigration Attorney
    Answered on

    One cannot remove conditions on a residency that has not been approved/registered yet. Your attorney will guide you in how to proceed so all your dependents are included in the same petition.

  • Avatar

    Hassan Elkhalil

    Immigration Attorney
    Answered on

    Yes, of course.

  • Avatar

    BoBi Ahn

    Immigration Attorney
    Answered on

    No, the dependent will have to wait until her I-485 is approved and then file for the I-829 separately.

  • Avatar

    Charles Foster

    Immigration Attorney
    Answered on

    Yes, you should include your dependent wife on your I-829 petition, even if her application for adjustment of status on Form I-485 has yet to be approved.

Add your comment

Use a Facebook account to add a comment, subject to Facebook's Terms of Service and Privacy Policy. Your Facebook name, photo & other personal information you make public on Facebook will appear with your comment.