How can I file I-485 based on EB-3 with my spouse, while I’m on temporary green card for EB-5? - EB5Investors.com

How can I file I-485 based on EB-3 with my spouse, while I’m on temporary green card for EB-5?

I’m currently on temporary green card from EB-5 and will be eligible for I-829 next year. I’m a Chinese national and I’m aware of the long waiting time for I-829 to be processed. It took me 7 years to get this far.

My partner and I just got married and he’s a Taiwanese national who is about to file I-485 from EB-3. I’m wondering, can I file I-485 with him and get permanent green card instead of continuing my I-829 path?

Answers

Dale Schwartz

Dale Schwartz

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

Yes, you can.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

Since you are already a green card holder you can’t file to adjust. What you have to do is have your spouse file an I-824 for you to immigrate and process a green card abroad. After he is approved, they will notify the consulate, then you can surrender your conditional green card and apply for a full green card abroad after surrendering your temporary EB-5 green card.

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