Questions and Answers > EB-5 Requirements

How do changes in the visa bulletin affect the adjudication of pending EB-5 I-485s?

I currently hold H-1B status. My EB-5 I-526 got approved in Aug. 2022 and I filed my I-485 the same month. Then I got married in December 2022. When my I-485 was filed, the final action date was current. However, it is now June 2018. Will this affect the timeline of adjudication of my pending I-485? Also, my wife is in the US on an H-4 status, and we cannot file her I-485 as per the current visa bulletin. What route should we take if my I-485 gets approved before we file a follow to join I-485 for my wife? Can we still file I-485 even if I get my green card?

Answers

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on March 15, 2023

  You cannot file for your spouse until a visa number is available. And if your case is approved before you can file an adjustment for her, she will be out of status, so you have to be ready to file an adjustment immediately so there is no gap in status. Because if you file a spousal F2A, she cannot be out of status for even one day. Very tricky case. Hopefully they will not approve your adjustment the same month the visa becomes available as that will provide an opportunity for you to file a following to join adjustment for her.

• Lynne Feldman

  Immigration Attorney

  Answered on March 13, 2023

  As long as you are married before getting your green card, then your wife may FTJ and submit the I-485 in any month when the Priority Date is current. She will lose her H-4 when you get your green card though, so will need to be careful to change to another status before then.

• Daniel A Zeft

  Immigration Attorney

  Answered on March 9, 2023

  You must have a current immigrant visa number when the I-485 is filed and when the I-485 is adjudicated by U.S. CIS. When your wife has a current immigrant visa number, an I-485 application of your wife can be filed.

• Dennis Tristani

  Immigration Attorney

  Answered on March 8, 2023

  Your I-485 will be eligible for approval when your priority date is current - retrogression in the visa bulletin will not cause your I-485 to be abandoned or for it to not accrue processing time, however, it cannot be approved if your priority date is not current. You should monitor the Dates for Filing Chart (Chart B) on the monthly visa bulletin and confirm if USCIS is using this chart for I-485 filings - once your priority date is current pursuant to Chart B your spouse can file for adjustment of status. Your spouse will still be able to file for adjustment of status even if you receive your conditional green card as you were married before its issuance.

• Stephen Berman

  Immigration Attorney

  Answered on March 8, 2023

  They cannot approve your application until the date is available again. Your spouse can file to adjust when the date is available again, as long as your application is still pending.