My I-485 is submitted with USCIS. I have also applied for AP/EAD.
I am planning to fly back India to marry my girlfriend after getting AP. Can I add my wife on my EB5 application or do I have to wait till I get my green card?
If Yes, can we both get a green card at the same time or does she have to wait for a few years to come to the States after I get my green card?
Answers
Bernard P Wolfsdorf
Find an EB-5 Visa Lawyer: Immigration AttorneyIf you marry before the I-485 is approved, she can qualify with a following to join visa. If she has an H-1B for example, she could enter and file an adjustment also, after marriage. If you wait until after it is approved to marry, then you have to file an I-130 spousal petition.
Lynne Feldman
Find an EB-5 Visa Lawyer: Immigration AttorneyUnless she has a nonimmigrant visa to legally enter the U.S., you will need to file an I-824 to have her case consular processed after your green card is approved. The I-824 can be filed now but her case cannot be started until your permanent residency has been approved. If she has a nonimmigrant visa and enters the U.S., she can file an I-485 and ancillary benefit documents as your derivative.
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