A few years ago, my parents applied to the EB-5 program and had me as a dependent. We have completed our biometrics appointment about 2 months ago and are now currently waiting for the renewed 10-year green card.
My girlfriend is currently legally living and working in the US using STEM OPT.
– If I plan to marry her this year, do I have to wait until I receive my new green card, or I can start as soon as possible?
– Also, I just need to file form I-458 right?
– Does me being a dependent and not the “main” investor affect anything in the process?
Answers
Lynne Feldman
Find an EB-5 Visa Lawyer: Immigration AttorneyIf you already have the 2-year green card, you are a permanent resident and can sponsor her (family-based FB-2a category) - I-130/I-485/I-765/I-131/I-864, medical, etc. provided she is legally in the U.S. and in status.
Bernard P Wolfsdorf
Find an EB-5 Visa Lawyer: Immigration AttorneyIf you are a U.S. conditional resident and enter into a good faith marriage, your spouse will be eligible to apply for a green card under the family second preference category. The form I-130 needs to be filed and if there is a visa available at the time of filing, your spouse may be eligible to file an adjustment of status.
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