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
Julia Roussinova
Find an EB-5 Visa Lawyer: Immigration AttorneyBecause 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).
Salvatore Picataggio
Find an EB-5 Visa Lawyer: Immigration AttorneyI'd try it with an explanation of the matter at hand. USCIS processing delays are causing many challenges like this.
Charles Foster
Find an EB-5 Visa Lawyer: Immigration AttorneyYes, 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.
BoBi Ahn
Find an EB-5 Visa Lawyer: Immigration AttorneyNo, the dependent will have to wait until her I-485 is approved and then file for the I-829 separately.
Belma Demirovic Chinchoy
Find an EB-5 Visa Lawyer: Immigration AttorneyOne 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.
Marko Issever
EB-5 Broker DealersUnfortunately, 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.
Bernard P Wolfsdorf
Find an EB-5 Visa Lawyer: Immigration AttorneyYes, 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.
Lynne Feldman
Find an EB-5 Visa Lawyer: Immigration AttorneyI 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.
DISCLAIMER: the information found on this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal, immigration, and financial experts prior to participating in the EB-5 program. Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public: do not include confidential information in your question.