How can I bring my spouse to the USA while my EB-5 I-526 is pending? - EB5Investors.com

How can I bring my spouse to the USA while my EB-5 I-526 is pending?

My EB-5 is under processing. I have received my work permit and travel permit, but the I-526 and change of status are pending. My wife is in India. Is there any way I can bring her to the USA? When can I do this, and how?

Answers

Bernard P Wolfsdorf

Bernard P Wolfsdorf

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Answered on

If you have a valid H-1B, then she can apply for an H-4 visa, but you need a dual intent visa for her to be able to readily enter the US. The critical question is what underlying status or visa you hold.

Dennis Tristani

Dennis Tristani

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Answered on

If your wife enters the U.S. on a non-immigrant visa she can be eligible to adjust status based on your pending I-526/I-485.

Lynne Feldman

Lynne Feldman

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Answered on

The easiest way is if you have maintained your nonimmigrant status (such as H-1B) and she can come on H-4. If not, then she would need her own nonimmigrant status to enter the U.S. (perhaps a student visa) and then she can file her own I-485 with you.

Belma Demirovic Chinchoy

Belma Demirovic Chinchoy

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Answered on

If you have a valid NIV status, she can apply for the dependent visa in the same category. A pending I-485 does not allow you to sponsor your spouse.

Mitch Wexler

Mitch Wexler

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Answered on

Not by virtue of what you have pending. She would have to qualify for a nonimmigrant visa of some sort to be considered for entry under the circumstances.

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