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How can we apply for my future spouse to legally stay in the U.S. before my EB-5 I-485 is approved?

I filed my EB-5 I-485 when I was single and have already received my EAD and advance parole. I will be married soon, and my wife is currently on a B-1 visa, which only allows her to stay for 6 months. I am wondering if there is any way for her to legally stay in the U.S. for a longer time and apply for an EAD before my I-485 is approved? What should we do?

Answers

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    Dennis Tristani

    Immigration Attorney
    Answered on

    Once you marry, your wife can file an I-485 application based on your pending I-485 application (assuming she is still in the U.S.). She will be able to stay in the U.S. after her B-1 status expires if she has a pending I-485 application.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    File an I-485 for her as well if Priority Date is still current.

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    Ying Lu

    Immigration Attorney
    Answered on

    She should file her I-485 after you two get married but before your I-485 gets approved. In that way, she will be able to get the conditional residency at the same time as you.

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    Stephen Berman

    Immigration Attorney
    Answered on

    If the visa is available, you can get married and she can file for adjustment as your spouse.