Questions and Answers > EB-5 Forms

How can I file a another I-485 as a dependent through my spouse while my I-485 application as a primary is still pending?

My I-485 filed through my employer has been pending for more than 180 days. It was current last year, but due to limited employment-based green cards, I could not receive my green card (2014) and the date has now been pushed back to 2012. Now I intend to apply through my spouse, who is already a green card holder. Can I simply apply through my spouse, or do I need to withdraw my current I-485 application? Are there any other steps or considerations?

Answers

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on March 15, 2023

  You can try and file a second adjustment application although USCIS now prefers that you transfer the underlying basis for the existing petition as explained on their website.

• Daniel A Zeft

  Immigration Attorney

  Answered on March 6, 2023

  You have an involved situation. You need a consultation appointment with an immigration attorney.

• Julia Roussinova

  Immigration Attorney

  Answered on March 6, 2023

  If you are in valid nonimmigrant status in the US, your spouse can file I-130 and link it to your pending I-485.

• Carolina Kripinski

  Immigration Attorney

  Answered on March 2, 2023

  You could apply through your spouse. However, there are several matters to consider. How did your spouse obtain the green card? If it was employment-based, did she have you as a dependent beneficiary? Assuming she did not have you as a dependent/beneficiary, and since your spouse is only a green card holder, then you cannot apply right away for the I-485. Your spouse would need to petition for your first (via I-130) and once this case is approved, then you can apply for the I-485. We hope this helps.

• Belma Demirovic Chinchoy

  Immigration Attorney

  Answered on March 1, 2023

  A person can have more than one I-485 pending but discuss with your attorney regarding your eligibility to file.

• Stephen Berman

  Immigration Attorney

  Answered on March 1, 2023

  If you are in valid, nonimmigrant status yes, your spouse can file an I-130 and you can link it to your existing I-485. If not, no, she can file the I-130 but you cannot adjust based on it.

• Lynne Feldman

  Immigration Attorney

  Answered on March 1, 2023

  You may have both cases pending simultaneously.