Questions and Answers > EB-5 Requirements

When should I file for my spouse, whom I married recently, if I have a pending EB-5 I-485?

I am currently in the US on an H-1B status, and I also have a pending I-485 based on my approved EB-5 I-526. I recently got married and my wife is coming to the US on an H-4 visa. Can we file her I-485 after she arrives in the US? If not, do I need to wait to get my I-485 approved and proceed with an I-130 for my wife?

Answers

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on February 20, 2023

  Unless your visa number - Final Action Date has retrogressed, she can file immediately upon arrival.

• Belma Demirovic Chinchoy

  Immigration Attorney

  Answered on February 20, 2023

  Most likely. Depends on when the marriage took place.

• Dennis Tristani

  Immigration Attorney

  Answered on February 20, 2023

  Your spouse can file Form I-485 immediately after her arrival in the U.S. She can also file forms I-765 for an EAD and I-131 for advance parole concurrently.

• Lynne Feldman

  Immigration Attorney

  Answered on February 20, 2023

  Absolutely, you can file an I-485 for your spouse once she is in the U.S. in a legal nonimmigrant status such as H-4.

• Carolina Kripinski

  Immigration Attorney

  Answered on February 17, 2023

  You can apply for your wife 3 months after she enters the USA. Not before!

• Mitch Wexler

  Immigration Attorney

  Answered on February 17, 2023

  She can file anytime after entry as long as the priority date is still current.

• Stephen Berman

  Immigration Attorney

  Answered on February 17, 2023

  If the visa is available, she should file to adjust as soon as she arrives.