My EB-5 I-526 got approved in August 2022. My I-485, I-765 and I-131 were filed in July 2022 and are pending with USCIS. I am currently on STEM OPT and my H-1B starts on October 1, 2022. Can I get my H-1B visa stamping after my I-131 gets approved and I-485 remains pending? My fiancée is in India and I am planning to get married as soon as I get my AP. Can my future spouse join me in my pending I-485? How can I add her to my pending petition? What forms do I need to submit to USCIS for this?
Answers
Bernard P Wolfsdorf
Find an EB-5 Visa Lawyer: Immigration AttorneyIf you are married before the adjustment is approved, then your wife is also eligible to apply for a green card as a derivative beneficiary. If you get married soon, and she gets an H-4, then you can easily file an adjustment application for her.
Lynne Feldman
Find an EB-5 Visa Lawyer: Immigration AttorneyAs long as your I-485 is not approved before you get married, she can be added. You need to get her here ASAP on the H-4 after marriage as you lose the H-1B when the permanent residency is granted. Once she is here, she files the same documents you did along with the marriage certificate and copy of I-526 approval.
Stephen Berman
Find an EB-5 Visa Lawyer: Immigration AttorneyYou cannot add people to I-485s.But people can file their own I-485s.
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.