Questions and Answers > EB-5 Requirements

How can an EB-5 conditional green card holder sponsor their spouse after getting married?

I hold a conditional green card under the EB-5 petition that started 6 years ago as a dependent of my mother, and have filled the I-829C to remove the condition. I recently got married to my husband, who has a pending O-1 visa. Would it be possible for me to sponsor him by applying to I-130 and I-485 now? Or would it be better to wait until I get my permanent green card potentially in the coming year? Either way, is there anything I should be aware of since I am not the primary petitioner?

Answers

• Lynne Feldman

  Immigration Attorney

  Answered on January 25, 2023

  You may petition your spouse in the FB-2a category. If married, you may need to also file a separate I-829 if you did not already.

• Dennis Tristani

  Immigration Attorney

  Answered on January 19, 2023

  You always have the right to sponsor your spouse as a green card holder - there is no visa waiting list for this category. Waiting until you have your permanent green card does have some merit as it would ensure your spouse receives a permanent green card, however, you can update the I-130/I-485 filing while it is pending to provide evidence of the approved I-829 and request that USCIS issue your spouse a permanent green card given the change in circumstances.

• F Oliver Yang

  Immigration Attorney

  Answered on January 19, 2023

  Yes, you can file I-130 and I-485 (provided he is current on the visa bulletin based on his country of birth) for your spouse. You will have to prove your bona fide marriage. The only difference is that they will probably wait until your I-829 is approved to approve the I-485.

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on January 19, 2023

  You can sponsor him now - need to move fast because F-2A spousal category may backlog soon.

• Halston A Chavez

  Immigration Attorney

  Answered on January 19, 2023

  If your spouse is inside the U.S., you can petition him with the I-130/I-485. This would be under the F-2A category. Your conditional status and the fact that you are not the primary petitioner will not affect your ability to petition your husband. However, if your I-829 is denied, the I-130 would be denied or revoked.

• Belma Demirovic Chinchoy

  Immigration Attorney

  Answered on January 19, 2023

  Conditional residents can sponsor their spouses. For all other questions, please consult with your lawyer.

• Jan Pederson

  Immigration Attorney

  Answered on January 19, 2023

  They should file an I-130 for spouse. Much depends on timing. If the spouse can be adjusted during the conditional period, all the better. Problems could arise if your I-829 is denied and spouse is not adjusted. I would file under these circumstances.