How will my EB-5 interview be scheduled by NVC if I add my spouse after processing is complete? - EB5Investors.com

How will my EB-5 interview be scheduled by NVC if I add my spouse after processing is complete?

I submitted my DS-260 form in May 2020, and received the “processing complete” notice from NVC in July 2020. However, due to the lapse in the EB-5 program and the visa backlog, I still have not been interviewed. I got married this year and need to add my spouse to my application. I assume this means my case will be reviewed again by NVC? If the case gets approved, and with the first-in-first-out principle, will my interview be based on the previous date (July 2020) or the new one, which is the date when NVC finishes reviewing my case after adding my spouse?

Answers

Lynne Feldman

Lynne Feldman

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

It will stay in the original queue and your wife will be given the same case number. Send her marriage certificate to NVC; once they recognize it, you can complete her DS-260 and upload documents.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

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

Sadly, they do not follow first in first out - it is an absurdly random process governed by so-called consular capacity and the local chief sets the priority. So in many countries, they simply do not schedule interviews at all. This is one reason we have filed litigation on behalf of our clients waiting patiently for their green cards the correct way. Adding your spouse only means they have to do a background check on her; it can be done in a few weeks so should not delay your case more.

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