How can my dependent spouse be included in my I-829 if his I-485 is still pending?

Your EB-5 Immigration attorney can advise you. You can include your spouse in the filing of the I-829 petition.

If your husband''s I-485 is still pending, he will have to wait to file the I-829 later and separately from you. If your spouse and children are not included on your Form I-829 petition, each dependent must file his or her own petition separately.

Because your spouse has not yet been granted adjustment of status to an LPR, he is not yet eligible to remove condition. You should include your husband on your I-829 form but he will need to file his own I-829 when he adjusts his status to an LPR (within 90 days of the expiration of his conditional green card).

Listing his name as your immediate relative in the petition is the right thing to do.

You should list the information of your husband in the appropriate section on Form I-829, but since he has not yet received his conditional lawful permanent resident status, his condition cannot be removed at the same time as yours. He will have to file his own I-829 during the 90-day period before his conditional status expires.

Presumably, both you and your husband acquired Permanent Residency based upon your EB-5 Investor Petition and as such, you acquired your conditional Permanent Residency. If your husband filed the I-485 at the same time, as your dependent he too would be eligible to acquire Permanent Residency. You would simply list him on your I-829 petition as your dependent. As the principal investor, only you are required to file the I-829 petition.

Since he is not yet a conditional resident, he is not eligible to apply for removal of conditions. I would, however, list him and explain. It may be necessary for him to later file his own I-829, 21 months after his adjustment is approved.