How can I file a follow-to-join application for my spouse as an EB-5 investor whose I-526 is approved and I-485 pending? - EB5Investors.com
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How can I file a follow-to-join application for my spouse as an EB-5 investor whose I-526 is approved and I-485 pending?

I have recently received approval for my EB-5 I-526 and have a pending I-485 with the USCIS. Additionally, my spouse has recently arrived in the USA on an H-4 visa and I am interested in filing a follow-to-join I-485 for my spouse. I understand that I will need to file I-485, I-765, and I-131 with the appropriate fees and photographs for her application. In addition to these forms, I plan on including copies of my I-526 approval, I-485, I-765, and I-131 receipts, both of our I-94s, our original marriage certificate with an English translation, and some photographs of our marriage. What other forms and supporting documents may be necessary for this type of application? Is there anything else I should include, or any steps I am missing?

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Answers

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

Provided the priority date has not retrogressed, then you should be able to file a following to join adjustment for her. If you are doing this pro se then be careful to read the instructions to the I-485 very carefully. You could also put in an affidavit of support or other evidence of support together with evidence of the legitimate good faith marriage.

Julia Roussinova

Julia Roussinova

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

Have your immigration attorney file I-485 for your spouse.

Dennis Tristani

Dennis Tristani

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

I would recommend speaking to your immigration attorney about this filing and work with them to ensure that application is properly filed.

Lynne Feldman

Lynne Feldman

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

You need to include the usual I-485 documents - passport, I-94, birth certificate, nonimmigrant history. You need to include your I-485 receipt to link the cases.

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