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
Dennis Tristani
Find an EB-5 Visa Lawyer: Immigration AttorneyOnce 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.
Lynne Feldman
Find an EB-5 Visa Lawyer: Immigration AttorneyFile an I-485 for her as well if Priority Date is still current.
Ying Lu
Find an EB-5 Visa Lawyer: Immigration AttorneyShe 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.
Stephen Berman
Find an EB-5 Visa Lawyer: Immigration AttorneyIf the visa is available, you can get married and she can file for adjustment as your spouse.
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