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
Immigration attorneysIf 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
Immigration attorneysAs 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
Immigration attorneysYou cannot add people to I-485s.But people can file their own I-485s.
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