How can I add my spouse to my pending EB-5 I-485 petition? - EB5Investors.com

How can I add my spouse to my pending EB-5 I-485 petition?

My EB-5 I-526 has been under review since July 2022. My I-485 and I-131 were filed in May 2022 and are pending with USCIS. I got the I-765 approved. I am currently on change of status pending status. I traveled recently to India under advance parole and got married. My wife is in India and I am in the USA. Can I add my wife to my pending I-485 process while she is in India? If yes, how? If no, then what other options do I have to bring her to the USA as soon as possible? Can she come under any dependent status?

Answers

Julia Roussinova

Julia Roussinova

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Answered on

Before your I-485 is adjudicated, your spouse can file her I-485 as your derivative assuming she is in lawful nonimmigrant status in the US. For example, if you are on H-1B, she can come in on H-4. If you are on L visa, she can come in on L-2.

Daniel A Zeft

Daniel A Zeft

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After your I-485 is approved, you will be a U.S. permanent resident. When you are a U.S. permanent resident, your wife could apply for a U.S. immigrant visa at the appropriate U.S. consular post in India. You have created an involved situation. You would benefit from a consultation appointment with an immigration attorney.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

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Indian EB-5 will be backlogged to 01JUN18 effective March 1, 2023. Unless you filed before this date, she can not be added. She would best enter under an H-1B or L-1 visa. For February, if she had a dual intent visa, you can fill a following to join adjustment. If she were here, if your case was filed before 08NOV19. Hopefully you have H-1B status, and she can get an H-4.

Lynne Feldman

Lynne Feldman

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Answered on

She can only be added if she can obtain a nonimmigrant visa to come to the U.S. If not, you need to file an I-824 for her to process after your I-485 is approved.

Belma Demirovic Chinchoy

Belma Demirovic Chinchoy

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Cannot add a person outside the U.S. to I-485. You will need to sponsor her as marriage was not in place at the time of AOS filing.

Stephen Berman

Stephen Berman

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Answered on

You cannot add anyone to an I-485. If someone is not in the U.S. they cannot file an I-485. You can consular process for the visa instead, or file an I-824 so your derivative spouse and children can immigrate based on your visa.

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