Can I add my spouse to my EB-5 application later if I indicated “No” to “Applying for Visa Abroad” in I-526?

You must reach out to USCIS to advise of the change.

You can always add your pre-existing or even after filing acquired spouse at any time prior to your green card being approved. You may have to explain why the spouse was left off and also show that the marriage is in good faith.

Did you select consular processing or adjustment? Your spouse can be added in either procedure.

Yes, you can add your spouse later if you change your mind, as long as he/she qualifies as a derivative spouse. Depending on your green card stage, it can be done via a request to NVC, if you have not received your green card, or filing of I-824 follow-to-join, if you have already received your conditional green card.

Yes, your spouse can file for adjustment of status if he/she is in the United States in valid nonimmigrant status. Otherwise, he/she can apply for an immigrant visa at the U.S. embassy abroad. You can always change your mind to adjustment of status from applying for visa abroad with any additional form/filing fee (just file the Form I-485 and filing fee), but if you change your mind from adjustment of status to applying for visa abroad, you must file Form I-824 to ask USCIS to notify the embassy/consular office.

Yes, you can add your spouse at any time. If you are here in the United States and going to file an adjustment of status (I-485) and he/she is here too, just file an I-375 for each of you at the same time. But if he/she is abroad and cannot get here, then your lawyer will need to file a paper with the USCIS asking them to send notice to our embassy abroad when your case is approved. That should go to the NVC and they will start processing your spouse. It may take a while. Can you stay in legal status until they approve your I-526 and the quotas from your country are current, and you can file your I-485? If not and you have to return to your home country, you can process through the NVC and add your spouse at that time.

If you are filing for a visa abroad, you could ask USCIS to change the application. If they do not, you will need to file an I-824 to get the visa sent abroad.