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What happens now since I and my wife did not file the I-829 together for EB-5?

I have filed I-829. My wife never filed her conditional green card application. If my 829 is approved, can she still follow to join? Or do I have to file I-130 for her?

Answers

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    Ying Lu

    Immigration Attorney
    Answered on

    You will file I-130 for her.

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    Stephen Berman

    Immigration Attorney
    Answered on

    If she was never a conditional permanent resident, and you want her to move to the U.S., you will need to file a visa petition for her.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    You can file both an I-824 following to join and an I-130 petition and see which comes up first. In immigration, one can often pursue the goal via multiple options.

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    F Oliver Yang

    Immigration Attorney
    Answered on

    She can follow to join as long as your marriage was established prior to your conditional green card.