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
Immigration attorneysBefore 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
Immigration attorneysAfter 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
Immigration attorneysIndian 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
Immigration attorneysShe 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
Immigration attorneysCannot 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
Immigration attorneysYou 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.
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.