Questions and Answers > EB-5 Investments

I got my EB-5 conditional green card, how can my wife also get it?

I got my conditional green card thru EB-5, can my wife also file a petition for getting a conditional green card? We''ve been married for 5 years.

Answers

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on April 13, 2021

  If you were married at the time of getting your green card she can apply via a derivative application or via a petition. A derivative application would be much faster.

• Lynne Feldman

  Immigration Attorney

  Answered on April 9, 2021

  If you were married before your permanent residency was approved, she can file either as a follow-to-join at the consulate you were interviewed or by adjusting status in the U.S. if legally here and in status.

• Salvatore Picataggio

  Immigration Attorney

  Answered on April 8, 2021

  She was not included in your application as a dependent? That would have been the way! But I understand that there are circumstances where one can travel before another can travel. She can follow to join you now that you have yours handled.

• Dawei Gongsun

  Immigration Attorney

  Answered on April 7, 2021

  You can file an I-824 with the application for her so she can get it faster.

• Belma Demirovic Chinchoy

  Immigration Attorney

  Answered on April 7, 2021

  It is hard to answer this question given the facts you presented, but it seems you were not married at the time you applied for an immigrant visa/filed for adjustment of status. And if that is the case, then no, she cannot derive benefit from your EB-5 petition. At this time, you can petition for your wife as an LPR; F-2A is current for all countries so if you are both in the U.S., you can follow one-step adjustment.

• Rani Emandi

  Immigration Attorney

  Answered on April 7, 2021

  Depending on whether you are in the U.S. or out of the U.S., you may file for her as well.

• Fredrick W Voigtmann

  Immigration Attorney

  Answered on April 7, 2021

  Assuming your wife is admissible and otherwise eligible to immigrate to the United States, she can follow to join you without the need for filing a separate petition. Depending on where you received your conditional permanent residence (adjustment of status vs. immigrant visa processing), and depending on where she is presently, you may have to file some additional forms and paperwork to get her case started.