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Questions and Answers > EB-5 Requirements

How can I add my spouse to my existing EB-5 I-526 application?

I was single when I filed my i-526 in December 2018. I am getting married in a few months. As my spouse is an Indian citizen, how do I add her name to my application? Do I have to wait till I get the conditional Green-card or I can start the process now to add her name with my application? I''m in the United States on H1b status. If I do mandamus to get a decision on my case before my legal marriage, does that still allow me to add my spouse in my application and we can both get the conditional greencard at the same time?

Answers

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    Lynne Feldman

    Immigration Attorney
    Answered on

    I suggest getting married and bringing her on H-4 and then sending in marriage certificate to advise of marriage. It is only important you be married before you adjust to permanent residency (not before I-526 approval) so mandamus is fine also.

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    Ying Lu

    Immigration Attorney
    Answered on

    You will add your spouse in the I-485 stage.

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    F Oliver Yang

    Immigration Attorney
    Answered on

    You do not need to add your spouse for the I-526 process. She can be included once you are ready to move forward with your conditional green card application (I-485/DS-260).

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    Belma Demirovic Chinchoy

    Immigration Attorney
    Answered on

    You do not need to add her to the I-526; add her to the NVC or I-485 case.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    As long as you are married, your spouse is included. You could notify IPO by sending a letter but can always add at NVC or adjustment stage.