Questions and Answers > EB-5 Investments

Can I still submit a derivative i-485 for my spouse after my i-485 is approved for EB-5?

My spouse is currently under H1B visa. Can we still submit an i-485 for him using my priority date, or do we need to submit an i-130 instead? We got legally married before my i-485 approval.

Answers

• Dennis Tristani

  Immigration Attorney

  Answered on April 26, 2022

  Yes - not an issue so long as you were married before the issuance of your conditional green card.

• Lynne Feldman

  Immigration Attorney

  Answered on April 25, 2022

  Yes, this is doable.

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on April 25, 2022

  You can file a following to join derivative I-485 if married before the approval.